Latest publications
Choose Your Own Respondent in General Protections Dismissal Disputes
Usually when one party is taking legal proceedings against another the respondent entity needs to be carefully identified. It can be fatal to the proceedings if the wrong entity is sued. This stands to reason given the adverse consequences that can flow from litigation. There is usually a process by which…
Residential Tenancies Act 2010 (NSW) reforms and obligations of landlords — effective from 19 May 2025
IntroductionThe Residential Tenancies Act 2010 (NSW) (the Act) and the Residential Tenancies Regulation 2019 (NSW) (the Regulations) have undergone some significant changes following a prolonged and extensive consultation period with property management stakeholders. These changes have generated a lot of buzz as they seek to improve the rights of tenants in NSW and…
Failing to Register a PPSR Security Interest on Time – Legal Risks and Options
IntroductionTimely registration of security interests under the Personal Property Securities Act 2009 (Cth) (PPSA) is essential for secured creditors to protect their rights. Failure to register within the prescribed timeframes can result in the creditor losing priority to unsecured creditors in the event of insolvency.While creditors who have failed to register…
Construction contracts are more than just a document — remove contractual clauses at your peril
Your construction contract will map out the pathway to your building project completing on time and within budget and detailing how any losses and risks are handled. It is an essential tool in managing and shifting risk during the construction phase and importantly, lays out the rules if a dispute arises. The chances…
Federal Budget 2025: Limitation on Non-Compete Clauses
As part of the 2025 Federal Budget, the government has announced a prohibition on non-compete clauses for employees earning less than the high income threshold (presently $175,000 per annum). It is planned that the change will take effect in 2027. There is nothing for employers to do at the moment, although both business…
FWC Sets Bar High for Policy Changes
In the recent unfair dismissal decision of Craig Hancock v Sydney International Container Terminals Pty Limited [2025] FWC 516, Deputy President Wright of the Fair Work Commission (FWC) set the bar high for employers wanting to rely upon policies, or changes to policies, to terminate employment, even when those policies relate to…
When is a loan really an Option Fee? And when is an Option a Contract?
It certainly is not news to those of us who deal in the property development space that Revenue NSW now imposes transfer duty (or for those of us who have come from the old school – stamp duty) on the grant of an option to purchase. These laws also impose…
Dismissal and Damages for Psychiatric Injury: A Contractual Trap
In the recent decision of Elisha v Vision Australia Ltd [2024] HCA 50 the High Court of Australia held that damages for psychiatric injury were available to an employee in circumstances where the injury arises from the manner of the employee’s dismissal. In this case the employee was awarded close to $1.…
Valentine’s Day in the Workplace (2025 Edition)
Valentine’s Day, the celebration of romance and romantic love, takes place annually on February 14.While many assiduously avoid what they consider to be a crass commercialisation of intimate relationships, other embrace with relish the opportunities it presents to either affirm or pursue romance,A few years ago, extensive media coverage (usually with accompanying commentary…
The Employment Reality of TV Fame (2025 Edition)
Reality television shows thrive on intrigue and drama. A key component of successful reality TV shows is the contestant viewers love to hate; the villain who, for a brief period of time, becomes Public Enemy No. 1. Of course, being cast in that light on a TV show can damage the reputation of…