Latest publications
Time of Reckoning for Non-Compete Clauses
Background Non-Compete clauses are under attack from various quarters. Broadly speaking, non-compete clauses are a form of post-employment restraint that prohibit an employee from working for a competitor of their previous employer for a specified period in a defined geographic area. The rationale for non-compete clauses being imposed on departing employees is to protect the legitimate…
The Right to Disconnect: What is it? What does it mean for workplaces?
One of the most talked about and debated workplace reforms of recent times is the ‘right to disconnect’. This right was one of the workplace relations reforms included in the Closing Loopholes Bill No. 2 (Bill), passed by the federal parliament last week. Laws conferring a right to disconnect have been implemented…
Valentine’s Day in the Workplace (2024 Edition)
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, A few years ago extensive media coverage (usually with…
Lattouf v ABC: The Current State of Play
Background Just like the Israel Folau case, the proceedings commenced by journalist, host and author Antoinette Lattouf against the Australian Broadcasting Corporation (ABC) have garnered significant media attention and again shone the spotlight on the issues arising from the use of social media by employees. The applications and the responses filed…
Australia Day Substitution: The Legal Issues (2024 Edition)
In recent years it has been reported that some of the largest employers in Australia, including Woolworths, Telstra and Network 10, are now giving employees the option of working on Australia Day (January 26) and taking that public holiday at another time. This development has arisen from both a general trend towards…
‘Tis the Season to Avoid Folly: Workplace Christmas Parties (2023 Edition)
It’s that time of year. The ‘Silly Season’. For many organisations, the official employer Christmas party is imminent. The starting point for office Christmas parties is that they are an extension of the workplace — employers need to carefully balance holding and facilitating a fun event with maintaining a safe, respectful environment for employees. …
Tree disputes among neighbours – know your rights
There is a little-known piece of legislation in NSW called the Trees (Disputes Between Neighbours) Act 2006, and it has been the subject of several decisions recently in the NSW Land and Environment Court. In an ideal world, a property owner with concerns about a neighbouring tree, hedge, or stands of plants, would resolve…
Closing Loopholes or Radical Change? The Fair Work Legislation Amendment (Closing Loopholes) Bill 2023
Earlier this week, the Albanese Government introduced the ‘Fair Work Legislation Amendment (Closing Loopholes) Bill 2023’ (Bill), which contains a number of significant reforms to the workplace relations landscape. If fully implemented in its current form, the Bill will lead to a number of implications in the way businesses and workers engage…
Statutory Review of Biodiversity Conservation Act 2016 (NSW)
Damning Findings from Review of Biodiversity Conservation Act The findings from the 5‑year statutory review of the Biodiversity Conservation Act 2016 (NSW) (BC Act) are in, and it doesn’t make for happy reading. Pursuant to section 14.11(1) of the BC Act, the Minister is to review this Act to determine whether the…
Non-Disparagement Clauses v Free Speech
The recent high-profile decision of the Supreme Court of NSW in Network Ten Pty Limited v van Onselen [2023] NSWSC 829 provides a rare insight into the scope and practical effect of non-disparagement clauses in deeds of release for employment matters. These clauses are almost always included in such deeds, usually in…