Latest publications
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…
Good Will Hunting: Estate Planning Lessons from Hollywood
In Brief After being asked how her husband died, the iconic Robin Williams character, Mrs Doubtfire, replied, “He was quite fond of the drink. It was the drink that killed him”. The response came, “How awful. He was an alcoholic?” Mrs Doubtfire quickly corrected, “No, he was hit by a Guinness…
Will illegal downloaders be forced to pay their dues and join the Club?
In Brief On 7 April 2015, the Federal Court of Australia handed down a landmark ruling involving piracy and privacy, and internet account holders with the Internet Service Providers (ISPs) involved may be feeling nervous. Dallas Buyers Club LLC v iiNet Limited [2015] FCA 317 Dallas Buyers Club LLC, the entity claiming ownership of the…
Unions are not above the law
In Brief In a very recent decision of the Federal Court, the Maritime Union of Australia (MUA) had damages awarded against it of $482,000 and was ordered to pay a fine of $80,000 for refusing to allow a couple to start work with a labour hire company. The labour hire company that refused to…
Moonlighting employees it can be difficult to stop
In Brief There can be a number of particularly important reasons why employers need to know whether an employee is working elsewhere and also the nature of that work. In a recent decision of the Fair Work Commission (Bril ‑v- Rex Australia Limited), Vice President Hatcher found that the implied duty of fidelity…
Can you require an employee to provide medical evidence or attend a psychiatric examination?
In Brief From time to time employers will be faced with an employee whose behaviour suggests that they may have an underlying medical condition affecting their mental health. Behaviours which may for example indicate depression include: irritability, lack of concentration, lateness for work and unexplained periods of absence. Whilst there are…