Latest publications
Paid Family and Domestic Violence Leave – Amendments to the NES under the Fair Work Act
The Albanese Labor Government has fulfilled a promise made prior to the election to implement a change to employment laws which will assist victims of family and domestic violence. As a result of this change, which was passed by Federal Parliament on 27 October 2022, employees will now, under the National Employment Standards, be…
Are We; Aren’t We? Determining whether a De Facto relationship exists
As society and our views about modern relationships change, we have seen fewer people rushing to the alter, with many happy to tackle life side by side as De Facto partners. Whilst for married couples there is little difficulty proving the existence of a marriage (with the help of a Marriage Certificate)…
Employees ‘Soldiering On’ With COVID-19: What Can Employers Do?
The Change in Rules At a recent national cabinet meeting, the leaders of the states and territories agreed that from October 14 people infected with COVID-19 no longer need to isolate. The period of mandatory isolation after testing positive was recently reduced from 7 to 5 days. It will now be removed altogether. Those who…
ABRS’ Looming Director ID Deadline – Apply before 30 November 2022
The 30 November deadline for existing directors to apply for a director identification number (Director ID) is creeping closer – don’t get caught by ASIC penalties and make sure you apply in time. In June 2020, the Australian Government introduced changes to the Corporations Act 2001 (Cth) requiring all existing and new…
Graduate Interview Series | Olivia Hobill Cole
Why did you choose Swaab? I chose Swaab because it offered the unique opportunity of working at a mid-tier firm, that was also a full service firm, that also had national and international connections. The fact that Swaab branched across so many of these aspects was very intriguing to me. Because Swaab is not…
Graduate Interview Series | Steven Wang
Why did you choose Swaab? I chose Swaab because they offered an opportunity for a specialised property graduate. I applied because I wanted to work in property law and I believed that this role would give me an opportunity to learn and develop my skills as a property lawyer and become specialised in property law in…
Rebels Who Dislike the Cause: Can Employees Be Directed to Act Contrary to Beliefs?
The recent controversy over the Manly Warringah Sea Eagles ‘rainbow’ rugby league jersey raises an interesting employment law question which extends beyond football: to what extent can an employer direct an employee to promote, or be involved in, a cause, message or campaign to which the employee objects? The starting point is…
Graduate Interview Series | Fiona Deng
Why did you choose Swaab? I chose Swaab because I was drawn to its diverse practice areas and opportunity for growth as a junior lawyer. At university, I studied a variety of electives as I was navigating my way through different areas of law. As such, I felt that Swaab would be a perfect place for me to…
Remedial Works Are Different | NSW Construction Reform
The reality of the NSW Construction reform for the remedial industry Remedial is an integral part of the construction industry. Twelve months down the road, after the commencement of new design compliance requirements under the Design and Building Practitioners Act 2020 (DBPA) and the accompanying regulations (DBPR) on 1 July 2021, the remedial…
The Workplace Vaccine Mandate Myth Buster Case
In the recent Fair Work Commission decision of Eileen Owens v I‑Med Radiology Ltd [2022] FWC 1823, an interlocutory judgment considering whether an unfair dismissal application had been filed within the required 21 days, Deputy President Asbury surveyed recent cases dealing with mandatory workplace COVID-19 vaccination and very helpfully set out principles…