Latest publications
Employment law myth No.7: “There’s no point having a restraint of trade in an employment contract”
It is a common misconception that courts don’t enforce “restraints of trade” (those clauses in employment contracts preventing former employees from competing with their previous workplace, soliciting their clients and/or poaching staff). In truth, courts will and frequently do, prevent former employees from acting in breach of their contractual restraints. That is…
Employment law myth No.6: “If I pay them a salary, the award doesn’t apply”
Most employees in Australia are covered by an industry or occupation-specific modern award which provides for minimum terms and conditions whilst so employed. Importantly, the awards set minimum pay rates depending on the employee’s classification under the award. The classification will (depending on the award in question) be determined by…
Employment law myth No.5: “If they’re not performing well, I can extend their probation”
Over the next few weeks, we’re dispelling some commonly held employment law misconceptions, in a series of short articles. Warning – may contain spoilers! Many employers consider that starting new employees off on an initial probationary period is a useful way to assess their suitability for the role, before deciding to offer them…
Employment law myth No.5: “If they’re not performing well, I can extend their probation”
Over the next few weeks, we’re dispelling some commonly held employment law misconceptions, in a series of short articles. Warning – may contain spoilers! Many employers consider that starting new employees off on an initial probationary period is a useful way to assess their suitability for the role, before deciding to offer them…
Workplace surveillance in NSW: having a computer surveillance policy is a mandatory requirement
There is a view in some businesses that the implementation of written workplace policies are something of a “nice to have” or an “optional extra”, and are ultimately a matter of choice for the employer. Whilst there may be no mandatory requirement to have a policy on many workplace matters, the situation in respect…
Do “outer limits” employment contracts have a future?
Introduction The offering of a series of “fixed term” contracts to employees (often by the use of “outer limit” or “maximum term” contracts), has been seen as an attractive strategy for employing persons and then having their employment terminate without attracting the unfair dismissal provisions of industrial relations legislation. An “outer…
Trade mark protection against parallel importers
When an overseas manufacturer exports to Australia, it may choose to set up a distributor in Australia under an exclusive distribution agreement. Unfortunately for the exclusive Australian distributor, unauthorised parties may source and sell in Australia genuine products which may have been originally manufactured and trade marked by the overseas manufacturer…
Is a “Transfer Granting Easement” enough to satisfy a deferred commencement condition?
Is a “Transfer Granting Easement” enough to satisfy a deferred commencement condition? Mauro Poletti v Inner West Council [2017] NSWLEC 1325 Why is Poletti important? This case confirms that registration of an easement is required to give certainty and it is reasonable for the easement to be required to be registered prior to the…
Some observations on the approach to valuations, land tax claims and the ‘actual use of land’
Some observations on the approach to valuations, land tax claims and the ‘actual use of land’: Carlewie Pty Ltd v Roads and Maritime Services [2017] NSWLEC 78 Why is Carlewie important? The Applicant ran some interesting arguments on valuation approaches in this matter, and the Court has made it clear that section 5…
Construction related impacts should be considered in staged development applications
Construction related impacts should be considered in staged development applications: Bay Simmer Investments Pty Ltd v State of New South Wales [2017] NSWCA 135 Why is Bay Simmer important? Bay Simmer clarifies the interpretation of section 83B of the Environmental Planning and Assessment Act 1979. To be a staged development application, the application must…