Latest publications
Paid Family and Domestic Violence Leave To Be a Modern Award Entitlement
In a major decision arising from its Family and Domestic Violence Leave Review 2021 ([2022] FWCFB 2001) a three member Full Bench of the Fair Work Commission (FWCFB) has formed a provisional view that modern awards should be varied to provide an entitlement to 10 days’ paid family and domestic violence (FDV) leave in…
Use of Audio and Video Recordings in Family Law cases
It’s no secret that we are glued to our smartphones. Thanks to technological advancements, we have a ‘one stop shop’ device at our fingertips, which includes access to audio and video recordings. For many years, Family Lawyers have been presented with secret recordings taken by clients in the hopes that the…
Swaab 2022 Lawyer Interview Series | Christian Marchant
Why did you become a lawyer? I grew up around the construction industry (4th generation on my mum’s side and 2nd Generation on my Dad’s) and therefore, always felt comfortable liaising with people in the industry but wasn’t particularly thrilled at the idea of manual labour. Five years as a Trade Assistant…
Pause before you Post – How social media can impact your Family Law matter
Irrespective of your feelings about social media – it is here to stay. In today’s social media world ‚it seems that there is so little that we truly keep private. We’ve never been more connected or had a wider platform to share each of our intimate thoughts however, whilst some of…
NSW parliament proposes making COVID-19 long service leave flexibility permanent
On 15 February 2022 the NSW Government introduced a Bill making permanent changes to the Long Service Leave Act 1955 (NSW) (LSL Act) to provide employers and workers with greater flexibility in accessing long service leave. The COVID-19 and Other Legislation Amendment (Regulatory Reforms) Bill 2022 includes, amongst other things, the ability for…
Swaab 2022 Lawyer Interview Series | Nicole Pozovsky
Why did you become a lawyer? I became a Family Lawyer (specifically, as I knew very early on that this was the area I wanted to specialise in) because I feel really strongly that it’s a privilege to help people navigate the most intimate, painful and stressful ‘dispute’ of their lives. I believe that it’s so important…
Mandatory Workplace Vaccination: Some Recent COVID-19 Vaccination Cases
Four recent Fair Work Commission unfair dismissal cases provide insights into the legal position relating to mandatory COVID-19 vaccination in the workplace. In short, in each of the four cases the Commission upheld the right of the employer to mandate COVID-19 vaccination and terminate the employment of employees who either…
Swaab 2022 Lawyer Interview Series | Tony D’Agostino
Welcome to the first of our Swaab 2022 Lawyer Interview Series | Tony D’Agostino: Why did you become a lawyer? I liked the idea of problem solving, engagement with clients and being valued. I must admit that the notion that lawyers were highly regarded in society was also a motivating factor. Over the journey, I have…
Important Unfair Dismissal Lessons: The Legacy of Crackers the Galah
The recent unfair dismissal decisions of the Fair Work Commission in Blake O’Keeffe v The Trustee For Dunshea Family Trust [2022] FWC 74 and [2022] FWC 298 have attracted much media attention due to the facts of the case, which relate to the unfortunate demise of a much loved family pet, Crackers…
Roosters, Ducks and Trucks: High Court Reasserts Primacy of the Contract
In two judgments handed down on the same day, the High Court has confirmed the importance of the written contract, and the rights and duties it creates, in determining whether a relationship is one of employment or principal and independent contractor. These decisions follow from that of the High Court last year…