Latest publications
Long service leave and resignation because of “domestic or other pressing necessity”
IntroductionAn issue which arises from time to time is, whether long service leave is payable where an employee leaves their employment due to some pressing personal domestic circumstance. Can an employer decline to pay long service leave in this situation?An employee’s entitlement to long service leave is regulated by State…
Lack of procedural fairness doesn’t necessarily mean unfair dismissal
In articles and presentations on unfair dismissal the importance of procedural fairness is a recurring theme. This reflects sections 387 (b) and (c ) of the Fair Work Act 2009 (Cth) which stipulate that, in considering whether it is satisfied that a dismissal was harsh, unjust or unreasonable, the Fair Work Commission (FWC)…
Principal Contractors: The Rules of Engagement
The role of principal contractor is critical in managing the work health and safety risks on construction projects. Even so, misunderstandings still arise as to the application of the rules relating to the engagement of principal contractors under the Work Health & Safety Regulations 2017 (NSW) (WHS Regulations). (These rules are in…
Sexual Harassment in the Post-Weinstein Age What’s Next for Employers?
The Post-Weinstein Age The downfall of one-time Hollywood heavyweight Harvey Weinstein is increasingly looking like a seminal event, causing a paradigm shift in the way sexual harassment (and the bullying and victimisation that often accompanies such behaviour) is addressed in the community. The Weinstein allegations opened the floodgates, acting as a catalyst for numerous claims…
Family law and caveats
According to the Real Property Act, a person who claims a legal or equitable estate or interest in land (‘caveator’) can lodge a caveat against the property of another (‘owner’). This usually happens in the context of separation when one party is not registered on the title and is fearful that the other…
Mental illness in parenting matters
Each year at least 1 in 5 Australians over the age of 16 experience mental illness. The most common mental illnesses are depression and anxiety and other forms include bipolar disorder and schizophrenia. It is common for people to experience mental illness during difficult times in their lives such as separation and divorce…
It’s mine, I got it after we broke up
In family law disputes it is a common misconception that an inheritance or other large sum received after separation will be excluded from the property pool to be divided between the parties. This issue was dealt with in the recent case of Calvin & McTier [2017] FAMCAFC 125. The Full Court of the…
I’m late complying with Family Court Orders, no one will mind
Not necessarily. In a recent Family Law case the husband found out the hard way that he should not have delayed complying with Court Orders for his property settlement. The case of Blackwell & Scott [2017] FAMCAFC 77 involved a couple who at the end of their 10 year de facto relationship agreed to a property…
I’m late complying with Family Court Orders, no one will mind
Not necessarily. In a recent Family Law case the husband found out the hard way that he should not have delayed complying with Court Orders for his property settlement. The case of Blackwell & Scott [2017] FAMCAFC 77 involved a couple who at the end of their 10 year de facto relationship agreed to a property…
It’s mine, I got it after we broke up
In family law disputes it is a common misconception that an inheritance or other large sum received after separation will be excluded from the property pool to be divided between the parties. This issue was dealt with in the recent case of Calvin & McTier [2017] FAMCAFC 125. The Full Court of the…