Latest publications
Termination of employment by SMS fails the fairness text
Texting Times for Employers In two recent unfair dismissal decisions, the Fair Work Commission (FWC) has condemned the practice of terminating employment by text message. In the decision of Kurt Wallace v AFS Security 24 7 Pty Ltd (U2019/1622), Commissioner Cambridge considered the submission by the employer in respect of a termination by text, which was…
Balancing costs and claims in family provision applications
Costs are an important consideration in all legal proceedings. Deceased estate litigation, however, often involves litigants with modest means, and the associated financial implications can therefore be vastly different to that of commercial disputes. Indeed, where a claim is made upon a small or moderately sized estate, it may become more difficult…
Workplace Surveillance Act 2005 (NSW) Admissibility of evidence unlawfully obtained- latest developments
When it comes to the question of workplace surveillance, there are some employers who are not aware of the implications of applicable workplace surveillance legislation, and who discover its significance only when a challenge is made to evidence secured through workplace surveillance activities. In NSW, it is the requirements of the…
Voluntary assisted dying laws commence in Victoria
In November 2017, after significant community and parliamentary debate, Victoria became the first state in Australia to lawfully allow terminally ill people to voluntarily end their lives. The Voluntary Assisted Dying Act (the Act) came into operation on 19 June 2019 with the aim of providing for and regulating access…
How are pre-relationship assets treated in a property settlement? Are they included or excluded?
After separation the parties to a marriage or a defacto relationship are entitled to seek a division of assets of the relationship. The assets of the relationship include all assets held jointly or individually whether they were acquired prior, during or after the relationship. It does not matter which partner paid for the…
Small and large proprietary companies redefined
From 1 July 2019, changes to the definition of‘small’ and‘large’ proprietary companies will affect the reporting obligations of small and medium sized enterprises. Associate, Bill Lo clarifies what it means for your company. Overview Under the previous régime established by the Corporations Act 2001 (Cth), the thresholds for ‘large’ and ‘small’ proprietary…
The Current State of Play in the Israel Folau Case
What proceedings has Israel Folau initiated? It has been widely reported that Israel Folau has commenced proceedings with the Fair Work Commission (FWC) alleging a breach of section 772 of the Fair Work Act (Act) for unlawful termination of his employment with Rugby Australia (RA) on the grounds of religion. Unlike court…
NSW construction industry — an expert’s perspective (part 4 of 6)
Interview with Steven Nakhla – SJN Building Consultants 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…
What happens to children on the death of a residential parent in the context of divorce and separation
There is no automatic right for the surviving parent to have the care of children after the death of the residential parent. On the death of a residential parent the parenting order that specifies that the children would live with them ceases. Most parents have joint parental responsibility, so it is…
Divorce and Separation — What you need to know
How long do I have to be separated before I can divorce my spouse? A divorce is the Court’s recognition that a marriage no longer exists and a separation shows your intention to divorce. In Australia you are required to be separated for a period of 12 months before you can make an Application for Divorce…