Latest publications
A Will with no beneficiaries? An expensive mistake
Consulting a lawyer might seem expensive to some. A defective Will, however, can prove even more costly. Will making is a significant component of later life planning, and in nearly all situations will require professional legal advice. On a basic level, legal advice should ensure that the Will itself is a legally sound document and will…
Unfair Dismissal – Confidentiality no excuse for failure to consult on redundancy
A recent decision in the Fair Work Commission has shone a light on a dilemma which employers face when managing redundancies in the context of a confidential business acquisition. The dilemma is, at what point in time should the employer disclose to staff the impending acquisition and its likely impact upon their continuing…
Superannuation and relationship breakdown
The Australian Financial Review recently ran an opinion piece (by Tim Mackay) on the ATO announcing that it is using a “top 100 SMSF” list to “target aggressive tax planning arrangements.” The top 100 SMSFs reportedly control a combined $8 billion. Superannuation is a tax effective way to save for retirement, and while…
A Caveat on Caveats
When used correctly, caveats can be an important ally in your security arsenal. Loaned someone money? You should consider a caveat. Contracted to purchase real estate? You should consider a caveat. You get the idea. A person seeking the protection of a caveat is called a “caveator”. A caveat is used to protect a caveator’s legal…
You gotta have faith: good faith and determinations under the SOP Act
Building and Construction Industry Security of Payments Act 1999 (NSW) The Building and Construction Industry Security of Payments Act 1999 (NSW) (SOP Act) provides a statutory entitlement to progress payments which runs parallel to a construction contract. Under the SOP Act, a party may engage a registered adjudicator to make a decision as to the amount…
Home owners: what to do about defects
It seems a straightforward arrangement, a builder is contracted to build a residential building. They build it and hand it over to its owners. Contract fulfilled. But what if it isn’t that simple? As with most products, a building can look great on the outside but contain hidden defects. The difference is that building defects can…
International Women’s Day 2019: Reflections by the (female) lawyers of Swaab
Gender, pay and job insecurity Nicole Cini, Associate The gender pay gap for full time workers in Australia is currently 14.1%, but this number does not tell the entire story. Women comprise approximately 47% of employees in Australia, account for 68% of primary carers for older people and people with a disability and…
Murder and inheritance – the $40 bottle of wine story
Everybody knows the basic rule – a person must not kill another. When it comes to dealing with the estates of victims of an unlawful killing, that rule becomes – a person shall not kill and inherit. In this article, we explore the application of the forfeiture rule to inheritance from a deceased…
An employment and family law guide to family and domestic violence in the workplace
Introduction In 2018 Family and Domestic Violence Leave was introduced to the Fair Work Act 2009 (Cth) (Fair Work Act) and as a model term in modern awards. This initiative came after a strong campaign from trade unions and community groups. However, family and domestic violence is a topic that many employers do…
Valentine’s Day in the Workplace
Valentine’s Day, the celebration of romance and romantic love, takes place annually on February 14. While many assiduously avoid what they consider to be a crass commercialisation of intimate relationships, others embrace with relish the opportunities it presents to either affirm or pursue romance. There has been some recent media coverage (usually with…