Latest publications
Common sense prevails in an unfair dismissal case
I often write about whacky decisions of the Fair Work Commission which demonstrate the extraordinary lengths employers have to go to, to avoid falling foul of the maze of employment law rules and regulations. However, the recent decision in Georgia Sologinkin v Cosmetic Suppliers Pty Ltd T/A Coy is a victory for…
Are you entitled to trade under your own name?
You sometimes hear people say that they have a fundamental right to trade under their own personal name. There is some truth in this belief but there are important restrictions to such an alleged right. There is a qualified common law defence of “use of one’s own name” against an action for passing…
Where there’s no will, there’s still a way 5 things about intestacy
Everyone has an estate plan – even if you didn’t plan one. If you die without a will, the rules of intestacy will apply. The rules of intestacy distribute the estate in accordance with specific rules in the Succession Act 2006 NSW. Leaving your estate planning to the rules of intestacy…
Can an employer require an employee to undertake a medical examination? update
Employers are regularly confronted with situations in which they need to obtain further medical information about injured or unwell employees who for various reasons, fail to cooperate with employer requests for such information and/or to attend an employer nominated doctor for a medical examination. There are a number of Court decisions which…
Equity Crowd Source Funding — Part 1: A basic primer
On 28 March 2017 the Corporations Amendment (Crowd-sourced Funding) Act 2017 (Cth) (Act) received Royal Assent, paving the way for crowd-sourced equity funding. What is Equity Crowd Source Funding? It is a mechanism (an online platform) that will enable eligible companies to raise capital by offering securities (only new ordinary shares) in…
5 ways your step-child could claim on your estate
Step-children may be able to make a claim against your estate if they are able to prove firstly, their eligibility, and secondly, that you have not given adequate provision for their proper maintenance, education or advancement. 5 different cases are discussed below. I have an estranged relationship with my step-child and I haven’t seen…
“What becomes of the broken hearted?” and can or should employers care anyway?
The unfortunate answer to the Motown ballad question — ‘What becomes of the broken hearted?’ — is they sometimes become stalkers. So, when a workplace romance or flirtation goes wrong, does the employer have a right to tidy up the mess? A quick review of past decisions shows that the Fair Work…
Amended Land and Environment Court Practices
IN SUMMARY The Chief Judge of the Land and Environment Court has issued new practice directions for policies aimed at streamlining merit appeals. Multiple adjournments of conciliation conferences with parties slowly meandering in an effort to reach agreement will no longer be permitted. If applicants wish to rely on amended plans…
Reasonable notice on termination of employment has it a future?
Introduction Termination of a contract of employment upon reasonable notice has long been regarded as part of the employment law landscape. It bridges the gap where the parties to the employment relationship have failed to specify in the contract of employment, the period of notice necessary to end the relationship without…
Former directors need to watch their step
Introduction It is not unusual for former directors of companies to set up in competition against their original companies. When they do so, they need to watch their step. Former directors may find themselves in a potential minefield with legal mines at every turn. A salutary lesson for former directors involved the…