Latest publications
Gearing and Protecting Intellectual Property for the World Market
In brief Trade has been a big focus for the Australian Government in recent months. Newly minted bi-lateral and multi-lateral international trade agreements are in place, which are sure to open up greater export and investment opportunities for Australian companies. However, if you want to participate, can you be sure your…
What in the WADA is going on with the “Essendon 34”?
The Essendon Football Club is still in the news, like it or not. In Sydney this past week, the Court of Arbitration for Sport (CAS) commenced its hearing of the appeal lodged by the World Anti-Dopoing Agency (WADA) against the 34 current and former players of the Essendon Football Club…
When is a contractor not a contractor? Is an ABN enough?
In brief Employment lawyers are constantly being told by their clients: “It’s okay, he/she has an ABN”. Employers often presume, as the worker has the “magical” ATO-related number, the ABN, that somehow all employment obligations are absolved. Recent cases in relation to sham contracting and, generally, claims by employees have demonstrated…
Can you still set off an employee’s salary against Award entitlements? It’s complicated!
In brief In the area of set offs in employment law, a word of warning to cut through some of the complexity. You won’t necessarily achieve the objective of being able to satisfy award obligations, unless you go about it in the correct fashion. We get technical about the mechanism by which…
How about a refresh on a Reverse Takeover?
In Brief Who knows what opportunities are ahead of us for the 2016 year, but being prepared is a very good place to start! How about a Reverse Takeover? What is a reverse takeover? Put simply, a reverse takeover (RTO) is the acquisition of a public company by shareholders in a (usually smaller) private company. An RTO…
Arming David with a shield: unfair contract protections
In brief Small businesses are consumers in their own right. So why shouldn’t they be protected from unfair contracts in the same way that consumers are? Now, new legislation ensures that David won’t face Goliath without a shield. Our modern consumer protection laws ensure that consumers are protected from unfair contract…
Building your business around innovation
In brief Innovation is the soil from which all successful businesses grow – not only as start-ups, but even in the mature stage of their life cycles. Unfortunately, however, businesses often fail to identify, value, protect and exploit this innovation at the expense of surging profit and revenue growth. Swaab…
NSW strata reform: a different kind of deposition
In brief ‘Strata housing’ is a term that originated from the field of geology, where different ‘strata’ were the layers of sedimentary rock or soil that had been deposed over thousands of years. A more important type of deposition, however, may be the one you face if you infringe upon the ‘Strata…
Social media in family law proceedings — how is it used?
In brief Social media goes far beyond cat videos (although it might not always seem like it). We use it to broadcast our joys, fears, grudges, homes and daily routines. We use it to communicate with each other, both publicly and privately. A recent paper published in the Family Law Review…
Can you extend probation?
In brief Probation periods are important to employers. The probation period allows employers to gauge an employee’s competence and character, before it gets tricky terminating them. There is, however, confusion around this status. As an employment lawyer, I am often asked whether an employer is able to extend the probation period…