Latest publications
Controversial comcare case draws a line for workers’ compensation claims
In Brief In a decision which has divided legal opinion, the High Court has made a ruling as to what is meant by the expression “in the course of employment”. The High Court considered this expression in the case of Comcare v PVYW [2013] HCA 41 in the context of a workers’ compensation claim brought by…
Tenants beware — High Court confirms liquidators of landlord companies can disclaim leases
In Brief The High Court has recently confirmed that the liquidators of a landlord company are able to disclaim a lease, with the effect of terminating the leasehold interest of the tenant. The High Court decision of Willmott Growers Group Inc v Willmott Forests Ltd (Receivers and Managers Appointed) (In Liquidation) concerned an appeal to…
Consultation about changes to regular rosters and ordinary hours of work
In Brief As of 1 January 2014, changing the staff roster has become a more complex process with the introduction of amendments to the Fair Work Act 2009. A New Provision Roster flexibility can be key in ensuring business efficiency in the face of changing operational requirements, seasonal fluctuations and the occasional unforeseen circumstances…
Dispensing with awards — Can you pay employees a lump sum amount that meets your award obligations?
The challenge in business to keep up with changes and awards can be particularly problematic. Many business owners don’t have a full understanding of what awards apply to their staff and even less of an idea of what obligations those awards contain. This occurs because in reality business owners are busy…
The operation of privilege to advice given to a strata owners corporation
Question: can an owners corporation claim legal professional privilege over documents in connection with legal advice on its books and records as against a lot owner? The answer is yes, to an extent, but to what extent you may ask? The short answer is that it depends on the nature of the…
Power of Attorney — Changes are here!
In Brief A power of attorney is like insurance. If you have not planned for the worst when the unexpected occurs you might find that you, your legal and financial affairs and your family and friends all suffer to a much greater degree than necessary. Angela Harvey, partner, and Euge Power, solicitor, provide…
Estate planning and superannuation — How to have the last laugh
In brief Superannuation is a funny thing. It is yours, but you can’t have it yet. It gets paid out when you die, but the money may not go to whom you would like. You are basically saving all your life for something you might never receive and you probably don’t even…
Employers beware of acting against employees with family responsibilities
In Brief Most business owners are very sympathetic to their staff members’ obligations to their families and generally except that emergencies arise which may require an employee to leave the workplace. However, it can be very frustrating when this arises at a busy time or frequently over a short period. In a recent case…
The Liberals are in implications for employers and employees
In Brief The Liberals are in and Tony Abbot has promised to “restore the balance back to the sensible centre” in industrial relations by not replacing, but improving the current Fair Work Act. What does this actually mean for employees and employers? From the Liberal Party’s proposed policies we feel that…
Lost in translation — Why you need a lawyer to write a Will
In Brief Ever had difficulty communicating when travelling in a foreign country? Just like writing a will, the difficulty is not knowing what you want to say, the difficulty is simply how to say it. The last thing you want is for your last words to be lost in translation. Angela Harvey, partner…