Latest publications
Changes to statutory demands from 1 January 2021
The temporary insolvency protections relating to statutory demands, which apply to all companies, are due to end on 31 December 2020. In the normal course, under section 459E of the Corporations Act, a creditor can issue a statutory demand against a company demanding payment of a debt of at least $2,000 (the Statutory Minimum) that…
The Federal Government Announces Proposed Workplace Relations Reforms
On 9 December 2020, the Federal Government introduced the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (the Bill) to Parliament which will seek to implement reform to several major elements of Australia’s industrial relations laws. This article provides a high-level overview of some of the key points of…
5 things you should know about binding death benefit nominations
It is important to consider your superannuation entitlements as part of your estate plan especially when they do not form part of your estate. As superannuation entitlements can result in significant distributions to beneficiaries, it is crucial to ensure that they are paid in accordance with your wishes. A non-binding nomination…
Tips and traps for granting life estates
Generally speaking, a life estate gives full ownership rights to the recipient, other than the right for the recipient to pass the property to their heirs upon their recipient’s death. A life estate may be granted with certain conditions attached. Life estates are a common mechanism used as part of estate planning in blended…
Our most popular articles published during 2020
We are almost at the end of 2020, and with the end of a year comes the opportunity to reflect on our most popular articles published during the year: 1. COVID-19 Tenancy Update by Mary Digiglio & Tony D’Agostino | Property, Planning & Projects | 24 September 2020 2. COVID-19 | Redundancy payments during the…
Compulsory Vaccinations for Employees: The Legal Position
In the midst of the COVID-19 pandemic, and the race to create a safe, effective vaccine for the virus, the issue of vaccination is firmly on the agenda. For instance, the CEO of Qantas, Alan Joyce, has recently caused controversy by suggesting that passengers on Qantas international flights might need to…
‘Tis the Season to Avoid Folly: Workplace Christmas Parties (Covid-19 Edition)
It’s that time of year. The‘Silly Season’. For many organisations, the official employer Christmas party is imminent. But this year, 2020, it’s with a difference. Employer Christmas parties will be held against the backdrop of the global Covid-19 pandemic. The starting point for such parties is that they are an extension of…
AFL: Assumption Fail Legalities – A Discrimination Danger for Employers
It has recently been reported that a Victoria-based AFL player, whose professional netballer wife will be playing for a Queensland club in 2021 (and relocating to that state with the couple’s very young child to do so), has been told by the AFL club for which he plays that he should leave…
The Anti-Bullying Injunction Curtailed
The Fair Work Commission Anti-Bullying ‘Injunction’ In the 2017 anti-bullying case, Lynette Bayly [2017] FWC 1886 (Bayly), the Fair Work Commission (FWC) issued an interim order which prevented the employer from taking further steps to finalise an investigation into the conduct of the employee, impose any disciplinary sanction on the…
“Reasonable Notice” – Sounds innocuous but can be expensive
It is a trite proposition that employment contracts are important. One key benefit of having an applicable employment contract in place governing an employment relationship is that the notice an employer is required to give to the employee to terminate employment is, subject to the minimum legislative requirements in the Fair…