Latest publications
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…
Developing a shared understanding of sexual harassment
Sexual harassment in Australian workplaces impacts one in five workers each year and remains predominantly unreported. There are many reasons why this systemic issue remains unaddressed including legal, cultural and social factors. At the core of this problem is the fact that many Australians do not completely understand what sexual…
Using the Anti-Bullying Jurisdiction of the Fair Work Commission for Sexual Harassment Matters
The Limitations of the AHRC Sexual Harassment Jurisdiction Commentators (both lay and expert) have recently lamented that the Fair Work Commission (FWC) does not have a specific jurisdiction to expeditiously deal with sexual harassment complaints. Instead, the usual approach in sexual harassment matters (in the federal jurisdiction) is to lodge a complaint with…
Commissioner of Taxation v Tomaras: High Court rules that tax debts can be transferred between spouse parties
Generally, debts of parties to a marriage (or de facto relationship) which were incurred during the marriage, are paid out of joint assets as part of a final property settlement. It is not uncommon for parties to pay out any debts owing to the Australian Tax Office, as part of this process. However…
An Employee’s Commute Thwarts an Employer Commuting Redundancy Pay
In the recent Fair Work Commission (FWC) decision in Australian Footwear T/A Diana Ferrari [2018] FWC 7864 the employer, a business trading under the name Diana Ferrari, applied to the FWC to vary the redundancy amount payable to an employee, Ms Tzortzis, whose employment was terminated on the basis of redundancy…
We can’t agree about our child’s religion. What will the Court do?
In determining parenting arrangements for children, the Court’s paramount consideration is to make Orders which are in the best interest of the child. There are a number of different factors the Court will look at, in determining what arrangements are in a child’s best interests. Generally, a child’s religion is a matter for parents to…
A Real Deal: An Unfair Dismissal Settlement Goes Wrong
We had a deal! An employer asserts an unfair dismissal case has been settled. The Applicant contends no such settlement has taken place. How can the employer resolve the matter? One avenue potentially open to employers is section 399A of the Fair Work Act (FW Act) which is in the following terms: “Dismissing…
A Review of Women at Work in 2018
With 2018 coming to a close, an opportunity exists to reflect on the social, legal and political issues that defined the year. The year of 2018 sits between the 2017 outpouring of #metoo stories, and the pending federal election of 2019. For that reason, 2018 has been both empowering and difficult…