Latest publications
Penalties in Contracts
Penalties in Contracts The basic principle of Australian contract law is freedom of contract. However, like freedom in general, freedom of contract is subject to limitations. One such limitation is that a provision in a contract that seeks to impose a penalty on a contracting party, is not enforceable. What is a penalty? In its basic…
Minimising employer redundancy obligations
A provision exists in the Fair Work Act, which enables employers to apply to the Fair Work Commission to minimise their statutory redundancy obligations to staff whom they retrench. The basis for such an application (which is made under s. 120 of the Act) is that the employer has found…
A Messi Patchwork of Image Rights
In Brief In the wake of international football star Lionel Messi’s recent fine and jail sentence associated with the earnings from his image rights, some may be curious as to whether image rights exist in Australia. In simple terms, image rights as they apply in Europe or the USA do…
ASX is making listing more difficult for SMEs
In Brief An ASX Media Release on 12 May 2016 set out a number of changes, both immediate and proposed, to the admission requirements to the official ASX list. The changes are intended to “maintain and strengthen the reputation” of the ASX. However one of the side effects is that the…
Inheritances in Family Law
Say you have recently separated and no property or financial settlement has yet been finalised. You have a very elderly great aunt who is wealthy and to whom you have always been close. Your former de facto partner or spouse now wants you and/or your great aunt to produce the Will…
Cannabis and Family Law
Cannabis. Marijuana. Pot, Dope. Mull. Yarndi. These are all names for the most commonly used illegal drug in Australia[1]. Pursuant to the Department of Health’s general factsheets on cannabis[2], some of the physical effects of using marijuana may include drowsiness, temporary loss of memory, risk taking behaviour and an impaired…
Paying Expenses after Separation
Say you and your spouse/partner separate. There may or may not be children of the relationship. Prior to your separation either or both of you worked and your incomes were used to pay the family expenses. After separation you moved out. Who now pays the expenses you used to pay…
Employment law changes from 1 July 2016
In Brief It is a constant challenge for employers to remain up date with changes in the dynamic environment of employment law. This article looks at a number of important changes in this area which came into effect on 1 July 2016.As well as increases to minimum wages and the “high income threshold”…
The complexity of employment law in Australia has no future in the ‘future’
When we engage staff now we do so in an environment where uncertainty and diminishing employment security is the new norm for all. This reflects the greater competition facing businesses both from technology and the globalised environment. Yet it is interesting how so many people believe that staff can be…
Wellness — the key to good health in law
At Swaab Attorneys, we want to set the benchmark for bringing good people together. We say it on our website. We want Swaab to be a workplace they not only enjoy, but which inspires great work and personal and professional growth. But, as Managing Partner, I want to do more than talk. I understand…