Latest publications
Alert | Designers and Building Practitioners
“Sometimes the wheel turns slowly, but it turns” [1]It is taking some time, but slowly and surely it appears we are seeing the recommendations put forward in the Shergold Weir Report [2] being actioned.With the Shergold Weir Report released in February 2018 and the NSW Government’s Response to the Shergold Weir…
Fair Work Commission – When will the Full Bench entertain an appeal?
A question often asked by employers facing an unfair dismissal claim is, what happens if the matter cannot be settled? Whilst the vast majority of unfair dismissal cases are resolved at conciliation, some proceed to a hearing. On rare occasions they find their way from a hearing before a single Commissioner to the…
Disagree with a valuation by jointly instructed single expert? What not to do!
The Family Law Act 1975 (Cth) sets out the general principles the Court will consider when determining financial disputes after separation. The general principles are the same regardless of whether the parties were married or in a defacto relationship.The first question the Court needs to determine in an application for property…
Fair Work Commission criticises time-wasting unfair dismissal applications
In a recent decision, Diane Porteous v G. Kakafikas and A.G. Bek partnership t/a Yarra Glen Pharmacy [2019] FWC 6264, Deputy President Colman of the Fair Work Commission (Commission) has criticised applicants who commence unfair dismissal proceedings and then don’t take the necessary steps to prosecute their claim. The Case The Applicant worked…
Genuine redundancy or unfair dismissal? The difference could be in the consultation
When it comes to terminating employees due to changes in operational requirements, compliance is key, including compliance with relevant provisions in the Fair Work Act 2009 (Cth) (FW Act) and any applicable modern award or enterprise agreement. As a growing body of case law demonstrates, failure to genuinely engage with the procedures…
It’s almost time: Amendments to the Building and Construction Industry Security of Payment Act 1999 (NSW) to commence on 21 October 2019
The Building and Construction Industry Security of Payment Act 1999 (NSW) (the Act) is about to undergo some changes. Those changes will apply to construction contracts in New South Wales entered from 21 October 2019. What are the changes?Reference dates are goneThere are no more reference dates. The concept of a ‘reference date’ will…
Security for costs and non-resident plaintiffs
What is security for costs? It is a fact of life that plaintiffs and defendants in legal proceedings represented by lawyers will incur costs, which in some cases can be substantial. Generally, the unsuccessful party in those proceedings is ordered to pay the costs of the successful party. Those costs are usually…
Personal/carers leave — how it should be calculated- latest developments- August 2019
Calculating employee entitlements can be complex and demanding at the best of times, however the decision of the Full Court of the Federal Court in Mondelez v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturers Workers Union (AMWU) [2019] FCAFC 138 will, unless disturbed, add…
The Religious Discrimination Bill: Initial Observations
Following the Marriage Equality debate and the ongoing Israel Folau saga, the issue of religious freedom has been given some prominence. The Australian Government has released what it describes as ‘religious freedom reforms’ on which it is actively seeking submissions. The proposed reforms will undoubtedly be the subject of much…
Deeds of Release and their effectiveness – update 2019
Introduction Releases and in particular, deeds of release, play a significant role in resolving disputes across a wide range of issues and at different stages in their evolution. It is a reasonable expectation to have, as the beneficiary of a release, that it will provide certainty going forward and that the person providing the…