Latest publications
Social Responsibility Series — B Corps: The “B” is for “Benefit”
In brief Benefit Corporations are a relatively new and exciting expression of social responsibility mixing with competitive edge in business. In this first of the Social Responsibility Series, Euge Power, solicitor at Swaab Attorneys, shows you how business can be geared towards social responsibility for real, not just for PR. Benefit Corporations…
It’s all in the timing
In brief You have heard it a thousand times before “Words once spoken can never be recalled.” When relationships come to an end, both parties often race to find a lawyer and stake their claim. I highly recommend caution in this approach. The facts In my experience it may do more harm than good…
When can employees behave badly and get away with it?
In brief One of the challenges for any employer is to manage workforce events such that the employees get to relax and have a good time – without offending, upsetting or harassing their colleagues. One of the key culprits in this process is the obligatory office Christmas party. What happens when staff…
A statutory will can stop a murderer But can it stop your creditors and the tax man?
In brief On 13 February 2005, Maria Korp was found unconscious in the boot of her car in suburban Victoria. Her husband Joseph and his mistress were almost immediately charged with her attempted murder. Whilst Maria was in a coma, her daughter applied successfully to the Victorian Supreme Court for a new…
Can I write an article about my business competitor?
In Brief In the course of doing business, you are not allowed to engage in misleading or deceptive conduct. But what if you utilise your personal expertise and experience to make general comments about your industry – for instance, by publishing an article in a trade magazine, or delivering a public lecture…
My child is off the rails, can my will protect them?
In Brief A very rich person should leave his kids enough to do anything but not enough to do nothing… Whilst very few people could match Warren Buffett’s bank balance, almost everyone would share his sentiment. We all want to give our children every advantage possible, whilst at the same time…
When a choice is not a choice
In Brief As a business owner you can choose whether or not to pay staff bonuses, right? “Discretionary” means … well … discretionary – doesn’t it? Not always says the Federal Court in the recent case of Russo v Westpac. In that case, the court ordered Mr Russo’s employer to pay a discretionary bonus…
Budget proposals offer start-ups an opportunity to get their legal house in order from the start
In Brief The Federal Government announced new measures in its budget this week that will no doubt be welcome to new ‘start-up’ businesses. New businesses will be able to deduct start-up costs such as professional, legal and accounting services from the 2015/2016 income year. This will replace the current situation…
Ruling from the grave: What conditions can you place on gifts in your will?
In Brief Some people find it hard to ‘let go’. In 1993, a resident of San Antonio in the United States passed away, leaving his house and $30,000 to his wife. However, this was not as warm a matrimonial gesture as it first appeared. The husband had included a clause in his will…
When can you direct employees to undergo a medical examination?
In Brief One of the common concerns that employers have is whether their employees are well enough to carry out their duties. This may be because an employee is particularly overweight, may be displaying episodes of dizzy spells or is obviously labouring with a bad back or a sore knee. The employer…