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Abuse from the gen­er­al pub­lic: The oblig­a­tions of employers

Recent­ly a radio pre­sen­ter on ABC radio in Ade­laide broke down in tears on air after receiv­ing an abu­sive text mes­sage from a lis­ten­er which had been sent through the sta­tion’s text feed­back number. The text crit­i­cised the pre­sen­ter stat­ing that she had she had con­duct­ed ​“a piti­ful inter­view”, claimed what she said…

Avoid­ing redun­dan­cy pay where the employ­er ​“obtains oth­er accept­able employ­ment” for the employ­ee: four recent cases

As most employ­ers will be aware, the Fair Work Act 2009 (Cth) (Act) con­tains pro­vi­sions requir­ing busi­ness­es to pay eli­gi­ble employ­ees a set amount of redun­dan­cy pay where the employ­ee los­es their employ­ment due to their role being made redundant. What is per­haps less well known is, the pro­vi­sion at sec­tion 12…

Restraints of trade and cus­tomer connections

It is well estab­lished that restraints of trade in employ­ment con­tracts will not be enforced by a court if they are con­sid­ered to be unreasonable. Some­times a restraint of trade is deemed to be unrea­son­able because it oper­ates over too wide an area, or for too long a peri­od of time. Some­times a restraint…

Swaab Con­nect | August 2018

In this edi­tion of Swaab Con­nect, we cel­e­brate Swaab’s re-cer­ti­fi­ca­tion in Mer­i­tas, a glob­al alliance of inde­pen­dent busi­ness law firms. We also share the pho­tos from our Awe­some Wom­en’s Din­ner, a night to cel­e­brate Syd­ney’s Awe­some Women who are chang­ing the face and focus of our econ­o­my and soci­ety. Also in this…

What Brex­it will mean for trade marks in the UK

The reports of polit­i­cal tur­moil in the Unit­ed King­dom regard­ing the imple­men­ta­tion of Brex­it has caused some con­ster­na­tion to those par­ties hold­ing reg­is­tered trade mark and oth­er intel­lec­tu­al prop­er­ty rights in the EU. How­ev­er, it is impor­tant that a prop­er per­spec­tive be main­tained with respect to any per­ceived dan­ger to such…

Mary Digiglio inter­viewed by Lawyers Week­ly, ​“Why man­ag­ing part­ners must step up on work­place wellness”

In the lead up to Men­tal Health Month, Mary Digiglio and Melin­da Upton (DLA Piper) have been inter­viewed by Lawyers Week­ly about why firm lead­ers need to lead from the front on well­be­ing matters. The first half of the con­ver­sa­tion can be read here. Part two of the con­ver­sa­tion focus­es on…

Michael Byrnes dis­cuss­es work­place bul­ly­ing on ​‘Mon­ey News’

Michael Byrnes dis­cuss­es work­place bul­ly­ing on the ​‘Mon­ey News’ pro­gram on 2GB, 3AW and 4BC. Lis­ten to the inter­view here (from 22.30).…

Test Doc­u­ment

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Guide to IPOs, RTOs and ICOs

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Guide to buy­ing and sell­ing a business

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Guide to Com­pa­ny Sec­re­tary obligations

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Guide to cor­po­rate insolvency

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A guide to Direc­tors duties

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Domes­tic vio­lence in finan­cial cas­es in the Fam­i­ly Court and Fed­er­al Cir­cuit Court of Australia

The Fam­i­ly Law Act 1975 estab­lished the ​‘no fault’ divorce prin­ci­ple. This means that, unlike in some oth­er juris­dic­tions, to estab­lish grounds for divorce, courts do not have to con­sid­er which part­ner is to blame for the break­down of a marriage.  Where domes­tic vio­lence can be a fac­tor estab­lish­ing ​‘fault’ as grounds…

What’s in a name? Chang­ing your child’s sur­name after sep­a­ra­tion or divorce

Your child’s name can be changed where you have the con­sent of the oth­er par­ent and the change of name is in the child’s best interests.  Change of name with­out oth­er par­en­t’s consent  In Chap­man and Palmer, the Full Court of the Fam­i­ly Court held that a court will not pre­vent a par­ent from…