Latest publications
Legal professional privilege and investigation reports
In Brief A recent decision of the Federal Circuit Court in an adverse action claim, has served to remind us of the pitfalls of lawyers carrying out investigative work for clients and then giving them legal advice based on their investigation. In this case legal professional privilege was held to have been waived…
Request for Flexible Working Arrangements
In Brief When companies receive employee requests for flexible working arrangements, understanding if they can accommodate their employee’s need for flexibility, whilst still maintaining their business and client interests can be a difficult balancing act. In a business environment where there are competing interests between employers, employees and clients it’s difficult to strike the…
Adverse Action claims available despite lengthy absence from work
In Brief The Federal Circuit Court has dispelled any lingering doubts as whether or not employers can safely terminate employment following a lengthy absence from work, and without potentially facing discrimination claims arising from the termination. The Facts This issue arose in the context of termination of an absent employee, a Mr McGarva, who…
NABERS Certification: Don’t get caught on the wrong side of the fence
In Brief With the commercial property market heating up, if you are a vendor or a lessor you should ensure that your building has appropriate NABERS certification in place. The Commercial Building Disclosure (CBD) Program requires vendors and landlords of disclosure-affected buildings to obtain a Building Energy Efficiency Certificate (BEEC), before the building goes…
Practice note: Approval of provisional liquidator’s remuneration
In Brief In the Matter of CB Constructions (NSW) Pty Ltd [2014] NSWSC 913 is a recent decision of Justice Black which provides a timely reminder of the matters which need to be addressed when seeking court approval for the remuneration of a provisional liquidator under section 473(2) of the Corporations Act 2001 (Cth)…
Unfair dismissal and the high income threshold
In Brief In this article our employment team provides details on the high income threshold that increased from 1 July this year. The increase highlights the importance of closely reviewing and assessing what the employee’s actual earnings are when faced with a claim for unfair dismissal. The opportunity for a terminated employee to make an…
Extending a convening period before it expires — relevant principles
In Brief The administrator of a company under administration must convene a meeting of the company’s creditors within the convening period set out in section 439A(5) of the Corporations Act 2001 (Cth) or as extended by the Court under section 439A(6). The courts have shown a willingness to extend the convening period provided there…
Award Wage Increase — What do I do?
In Brief With the new tax year upon us, for many businesses, workers compensation policy periods turn-over and budgets are being finalised. Amongst all this activity, the increase in award wages and the national minimum wage, can be missed, which can cause headaches for many businesses. This article highlights what businesses…
Union Visits — How does one limit uninvited guests?
In Brief Union visits and the associated tension between employers and union officials can be disruptive and stressful for both parties. The Fair Work Commission has provided recommendations to clarify rights of entry visits which will be trialled for a period of three month. This article highlights the recommendations in more detail…
Proposed new rules for paying dividends
In Brief If passed in Parliament, the Corporations Legislation Amendment (Deregulatory and Other Measures) Bill 2014 may simplify the process of declaring and paying dividends and reduce compliance costs for SME businesses. In this article we take a look at the current and proposed new rules for paying dividends. Introduction If passed in…