Latest publications
Extension of personal liability of directors
Important changes in the law governing a director’s liability for company debts have been forecast. The anticipated changes will mean that a company director’s personal liability for company debts will be extended to include unpaid superannuation guarantee contributions for their companies. Directors are currently required to cause their company to pay deduction taxes…
Is your will valid?
Prescribed requirements It is important that your will is written and executed to comply with the requirements as prescribed under the Succession Act 2006 (the Act) . Essentially the requirements of a valid will are set out in Section 6 of the Act. A will is generally invalid unless: it is in writing, either…
Identification guide for New South Wales
In Brief Fraud in land dealings has long been an issue in New South Wales. Now the legislature is taking a preventative approach to try to minimise the incidence of fraud. Whether or not these initiatives accomplish a reduction of fraudulent property related transactions is to be seen. Land transactions – section 117 Witness certification From…
Has the long-anticipated regulation of litigation funding finally arrived?
International Litigation Partners Pte Ltd v Chameleon Mining NL (2011) 276 ALR 138; [2011] NSWCA 50; BC201101379. Introduction The recent decision of the NSW Court of Appeal in International Litigation Partners Pte Ltd v Chameleon Mining NL (See Footnote 1) has confirmed that litigation funders are required to hold an Australian financial…
What rights do parents have to stop their ex’s new partner taking part in raising their children
Joint parental responsibility Without any court orders and usually with court orders (unless it is determined by the court that it is not in the best interests of the children), both parents have joint parental responsibility. This means that it is both parents’ responsibility, not that of a new partner of…
Swaab employment lawyer writes on unfair dismissal for Chartered Secretaries magazine
In Brief In this article, Terminating an employee — reducing the risks of unfair dismissal claims, employment lawyer Brendan Taylor examines recent unfair dismissal cases and highlights the need for employers to keep detailed records and abide by principles of procedural fairness. …
Senate Committee report: The adequacy of protections for the privacy of Australians online
In brief — Privacy recommendations could have a profound impact on all businesses A Senate Committee report has made nine recommendations for changes to Australia’s privacy régime. If implemented, three of these will lead to significant changes to Australia’s privacy laws, affecting all businesses. These are the change to the small business…
Five ways to make them pay their debts
When people tell me that they are owed money and ask me what they can do to recover that debt, I can only tell them half the story. The other half of the story only they can tell me. My half of the story The legal system provides a number of measures to enable…
Employer defends adverse action claim by employee dismissed during probationary period
In brief – Dismissal during probation not necessarily an adverse action Following on from our earlier article on adverse action, a recent case has highlighted how an employer can be successful in defending a claim lodged by an employee who was dismissed during a probationary period. Hodkinson v The Commonwealth [2011] FMCA 171 Sandra Hodkinson was engaged…
Rights of grandparents and other extended family members to see the children after families separate
In Brief — Importance of a pre-existing relationship and the age of the child The decision of a court about grandparents and extended family members spending regular time with the children after separation or divorce is likely to be influenced by the age of the children and by whether or not a relationship already…