Latest publications
Corporate governance: High Court confirms its power to correct directors’ innocent mistakes
In Brief In a recent case the High Court has acknowledged that innocent mistakes can happen in relation to corporate governance and has unanimously confirmed the breadth of the Court’s power to correct such mistakes. Weinstock v Beck ([2013] HCA 14) concerned a family business, L W Furniture Consolidated (Aust) Pty Ltd (LWC), and a shareholder application…
Cellarmaster Wines must swallow a $110,000 penalty from ACMA
In Brief ACMA’s most recently publicised enforcement action, against Cellarmaster Wines Pty Ltd (part of the Woolworths group) acts as a timely reminder that every business must take sufficient care in managing its responsibilities under the Spam Act 2003 (Act). Swaab has observed that ACMA has ramped up enforcement action in…
Employers need to be aware of changes to the Migration Act 1958 (Cth)
In Brief In March of this year the Migration Amendment (Reform of Employer Sanctions) Act 2013 (Cth) (the Amendment) was passed. This Amendment has introduced several important changes to the Migration Act 1958 (Cth) (the Act). These include offences and civil contraventions for employers in addition to increased powers for the…
What to avoid when terminating employees
In Brief There are several actions which Employers need to be aware can get them into trouble regarding terminating an employee and any subsequent employee claim to the Fair Work Commission. Remember a claim for unfair dismissal is an accessible and cheap process for many employees which can end up costing employers…
Workplace Policies — What are they good for?
In Brief Employers interested in keeping the costs of their business down often view workplace policies as an unnecessary expense. However, when things go wrong in a workplace the catchcry is too often “if only we had a policy!” There are definite benefits to workplaces policies, the most important is that workplace policies…
Spouse maintenance — frequently asked questions
IN BRIEF — What is Spouse Maintenance? Spouse maintenance is money paid by one spouse or de facto partner to the other spouse or de facto partner, usually on a weekly or monthly basis. How can I apply for maintenance? You are not automatically entitled to be paid maintenance. You can ask your…
Divorce — frequently asked questions
Am i eligible to apply for divorce in australia? If you want to apply for a divorce in Australia either you or your spouse need to have some connection with Australia. Usually this means that at least one of you: regards Australia as your home and intends to live here indefinitely; or is an Australian…
ACCC takes first enforcement action under “unfair contract” laws in the Australian Consumer Law
In Brief- Don’t be caught in the ACCC’s crosshairs The Australian Competition and Consumer Commission (ACCC) has started to take enforcement action against standard form consumer contract terms that it considers to be unfair and unenforceable. National laws proscribing unfair contract terms, included in the Australian Consumer Law (ACL), came…
3D printing — Top 10 IP challenges
In brief 3D scanning and printing technology has the potential to revolutionise manufacturing, like the rise of the personal computer challenged the orthodoxy of the traditional world of computing. As the availability and ease of use 3D printing technology increases, and the price drops, the technology will gain wider use…
Hiring Disabled Employees
In Brief People often judge a book by its cover and this still applies when it comes to the judgments we make about each other. In light of the proposed anti discrimination legislation, this article outlines how the supported wage system assists with the employment of disabled persons. What is the supported wage system…