Latest publications
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…
Keeping the High Court decision in Comcare v Banerji in perspective
The High Court decision in Comcare v Banerji [2019] HCA 23, which relates to tweets by a Commonwealth public servant (tweeted under the handle @LaLegale) about government policies, has been handed down. The court held that various sections of the Public Service Act 1999 (Cth) (Act), relating to the Australian Public Service (APS)…
Corporations and defamation
Several high-profile Australians have become embroiled in defamation cases in recent months. A publication about a person communicated to a third party is defamatory if an ordinary reasonable person would think it tends to: injure that person’s reputation by disparaging them;cause others to shun or avoid them;subject them to hatred, ridicule or contempt. Can a company sue for defamation? What…
What does a No Deal Brexit mean for your trade marks?
Recent political changes in the United Kingdom have raised the prospect of a ‘no deal’ Brexit as a serious possibility. It is important to emphasise that even in this situation, there is likely to be an orderly transition of trade mark and other intellectual property rights between the EU and the…
NSW Construction Industry — an expert’s perspective (part 5 of 6)
Interview with Mark Kavanagh — Building Consultant Over the coming weeks, I will be releasing a six part article series. The articles will document my discussions with building consultants who are in the know when it comes to the current state of the NSW construction industry and the high percentage of properties which…