1619 results
Reheated Retweets: The Significance of a ‘Retweet’ in Employment
The CFMMEU Case In a recent case of the Fair Work Commission (FWC) (Construction, Forestry, Maritime, Mining and Energy Union-Construction and General Division, Queensland Northern Territory Divisional Branch [2018] FWC 6462), a ‘retweet’ by a member of the FWC, Senior Deputy President Hamberger, formed the basis of a submission by the Construction, Forestry, Maritime…
The ABC of CGT in your family law property settlement
Tax costs have an effect on the property pool available for distribution. In property cases, the Court may take into account Capital Gains Tax (CGT) allowances when determining the asset pool. This article will set out how CGT is usually treated by the Court in family law property settlement proceedings…
Til Debt Do Us Part: The effective use and pitfalls of statutory demands
Introduction A creditor who is claiming a debt from a company will often want to employ the quickest and cheapest method of recovery and the risks, costs and length of time associated with commencing court proceedings may not be the most appealing option. Accordingly, many creditors will often consider issuing a company with a statutory…
Use it or lose it; a recent case on the law of adverse possession
In New South Wales law it is possible for you to become the owner of land by ‘adverse possession’. Adverse possession, also known as ‘squatters’ rights’, allows someone to legally take ownership of land they have occupied exclusively for at least 12 years. In other words, it is essentially a case of…
Children’s wishes in Family Law matters: will your child’s wishes be considered by the Court?
If you are experiencing a family breakdown, it is likely that you are facing one of the most challenging and stressful times in your life. It is important to remember that this stress and grief is not only limited to you and your former partner or spouse, but also extends to…
Family Law Publication Restrictions: What’s private and what can be posted?
Parties to Family Law proceedings often confide in their loved ones for comfort and support during what is a stressful and emotionally charged time. Whilst the warmth and empathy of family and friends is invaluable in managing the challenges of a family breakdown, parties to Family Law proceedings should be aware that…
Michael Byrnes on 2GB and 4BC discussing legal issues arising from workplace Christmas parties
Michael Byrnes discusses legal issues arising from workplace Christmas parties with Chris Kenny on 2GB and 4BC. Listen to the segment here (from 26.45).…
I’m broke, baby: bankruptcy and the right to litigate family law proceedings
It is not uncommon for you and your former partner to find yourself in tight financial circumstances following separation. You, or your partner, may well feel like you are broke. But what happens when things go beyond being broke? The recent Family Court decision of Sloan & Sloan looks at how proceedings…
Why pay equity is important to Swaab
We are pleased to announce that Mary Digiglio has been appointed a Pay Equity Ambassador by the Workplace Gender Equality Agency (WGEA). The full-time total remuneration gender pay gap is 22.4% and only around 4 in 10 employers have conducted a gender pay gap analysis. At Swaab, we have always been committed to gender…
The Inaugural Fred Swaab Honorary Address
We were honoured to host the Inaugural Fred Swaab Honorary Address on 23 October 2018 and to have the Hon. P A Bergin SC, deliver the key note speech. The evening was a chance to bring together family, friends, colleagues and clients of Swaab to remember and acknowledge Fred’s achievements. It was also…
Swaab Connect | November 2018
In this issue, Sean Greenwood examines adverse possession also known as ‘squatters’ rights’ in his article, ‘Use it or lose it’. Michael Byrnes shares lessons for employers and employees surrounding social media use in his article ‘Reheated Retweets’ and in ‘The ABC of CGT’ Annette Wilson and Katerina Lonergan demonstrate…
Thank you
Thank you for your submission to Swaab. We aim to contact you within 1 – 2 business days, however if your concern is more urgent please call us directly on the telephone number below.…
Appeals: a useful lesson
The decision of PND Civil Group Pty Ltd v Bastow Civil Constructions Pty Ltd [2017] NSWCA 159 highlights the difficulty of raising new issues on appeal, in so far as a party will (generally) be bound by the way in which it conducted its case at first instance. The facts Bastow Civil Constructions…
Cross all t’s, dot all i’s: Personal guarantees gone wrong
Introduction There are occasions, especially for small to medium size enterprises, where the company’s director or directors have to provide a personal guarantee in order to obtain finance and/or goods and services on credit. A personal guarantee empowers the lender or supplier to make the guarantor pay, on demand, all or part…
Congratulations to the Family Law team for their listings in Doyle’s Guide!
The Family Law team at Swaab have been recognised by Doyle’s Guide for 2019 and have been listed as a Leading Sydney Family and Divorce Law Firm for 2019. The 2019 listing of leading Sydney Family & Divorce Law Firms details firms practising within the areas of family law, matrimonial, parenting, property…