Latest publications
If you have signed a prenup and no longer agree to the terms, what can you do?
In brief — Your rights are limitedIf you have previously signed a prenuptial or postnuptial agreement and no longer agree to its terms, your rights are very limited.Binding Financial Agreements Pre or postnuptial agreements are known as Binding Financial Agreements. Binding Financial Agreements allow parties to contract out of the Family Law Act and…
What Brexit will mean for trade marks in the UK
The reports of political turmoil in the United Kingdom regarding the implementation of Brexit has caused some consternation to those parties holding registered trade mark and other intellectual property rights in the EU. However, it is important that a proper perspective be maintained with respect to any perceived danger to such…
Restraints of trade and customer connections
It is well established that restraints of trade in employment contracts will not be enforced by a court if they are considered to be unreasonable. Sometimes a restraint of trade is deemed to be unreasonable because it operates over too wide an area, or for too long a period of time. Sometimes a restraint…
Avoiding redundancy pay where the employer “obtains other acceptable employment” for the employee: four recent cases
As most employers will be aware, the Fair Work Act 2009 (Cth) (Act) contains provisions requiring businesses to pay eligible employees a set amount of redundancy pay where the employee loses their employment due to their role being made redundant. What is perhaps less well known is, the provision at section 12…
Abuse from the general public: The obligations of employers
Recently a radio presenter on ABC radio in Adelaide broke down in tears on air after receiving an abusive text message from a listener which had been sent through the station’s text feedback number. The text criticised the presenter stating that she had she had conducted “a pitiful interview”, claimed what she said…
Casual Employment: The new rules of engagement
A recent decision of the Full Court of the Federal Court of Australia, WorkPac Pty Ltd v Skene [2018] FCAFC 131 (Skene), held that an employee who had been categorised as a “casual” by the employer, WorkPac, was not in fact a casual but rather a permanent employee and, as a result, entitled…
Dismissing Senior Employees – The Pitfalls to Avoid – Part 2
In the second and final part of this article we examine the legal claims senior executives can bring on termination of employment – and how employers can safeguard against them. Read ‘Dismissing Senior Employees — The Pitfalls to Avoid — Part 1’ here. Unfair dismissal For an employee who is…
Dismissing Senior Employees – The Pitfalls to Avoid – Part 1
Whilst the termination of any level of employee contains a degree of legal risk, the position in respect of senior employees can be especially perilous. Firstly, the costs of getting it wrong are generally greater (because an award of damages is likely to be calculated – at least in part – by…
Resigning from your employment — can you withdraw your resignation? — Latest developments
In recent times there has been a string of decisions from the Fair Work Commission directed to whether and in what circumstances, an employee can assert that a resignation given in the heat of the moment which is withdrawn, may not be relied upon by their employer. To those following the titanic struggle…
Alcohol and Family Law
Last year, I wrote an article on cannabis use and its potential impact on parenting matters. I have recently considered some recent cases where alcohol was raised as an issue in parenting proceedings and comment as follows (please note that the whole case should be read for a proper consideration of the other…