Latest publications
Australian Government incentivises foreign investment in Australia
Late last year the Government introduced two new classes of visa designed to incentivise foreign investment in Australia. High net worth individuals who intend to invest, or have invested, at least A$5 million in certain classes of assets can now apply for provisional and permanent visas in Australia. There are…
Employment Law in Australia
Swaab employment partner, Richard Ottley has been featured on Corporatelivewire.com discussing the legal compliance challenges overseas organisations face when wishing to set up businesses in Australia. > Read the full article …
Employee? Or not employee? Why is it not clearer?
After 200 hundred years of legal decisions on the question of who is an employee and who is a subcontractor, the courts still surprise us. A recent Full Federal Court decision on the issue provided a very adverse outcome for the hapless employer. It involved 5 insurance sales representatives operating in 3 different roles for an…
National Transport & Logistics Regulation Becomes Reality. Is Your Supply Chain Ready?
In Brief After years in the making, the establishment in late January of two new national transport regulators represents a critical shift in land transport regulation in Australia and serves as an important reminder of the way that transport regulation impacts everyone who uses transport in their supply chains, not only those…
Non Award Compliance Can Really Cost Small Businesses
In Brief The Federal Magistrates Court has issued a very clear warning to small businesses to comply with the minimum entitlements set by awards or risk getting severely fined.Fair Work Ombudsman v Turbo Café Water Gardens Pty Ltd & Anor [2012] FMCA 794 & Fair Work Ombudsman v Turbo Café Point Cook Pty Ltd & Anor [2012]…
When is redundancy genuine?
In Brief Employers who fail to observe the Fair Work Act 2009 (Cth) (the Act) requirements relating to redundancies can find themselves exposed to unfair dismissal claims in circumstances in which they may have had good business reasons for termination. A recent decision before Fair Work Australia (now Fair Work Commission) highlights…
Down, down, prices are down … or are they?
In Brief Retailers must not mislead customers about the amount of money they are saving during advertised sale periods. ACCC v Jewellery Group Pty Limited (No 2) [2013] FCA 14 Last month, the Federal Court found that Zamel’s Jewellers engaged in misleading or deceptive conduct and made false or misleading representations by distributing…
When do I need a new will?
As a general rule you should have your Will amended (or get a new Will drafted if amending isn’t possible) when you experience a major change in your life or a significant event, for example: You plan to get married. Saying those magical words “I do” may revoke your existing Will. For peace of mind…
Construction Industry Insolvency
In Brief In August 2012 the NSW Government announced an Inquiry into Construction Industry Insolvency in NSW. The Inquiry released its Discussion and Issues Paper in October 2012 which proposes a number of potential remedial measures for the industry. Construction Industry Insolvency in NSW In August 2012 the NSW Government announced an Inquiry into…
What not to say in the office
Why are there things I can and cannot say in the office? What is and what is not appropriate behaviour in the workplace has traditionally been derided as simply a matter of common sense and questioned on the basis: why would we seek to prescribe common sense? In case you find yourself nodding…