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Swaab assists in the glob­al acqui­si­tion of CMS Hospitality

MON­TRE­AL, Dec. 03, 2018 (GLOBE NEWSWIRE) — Val­soft Cor­po­ra­tion Inc. (“Val­soft”), a Mon­tréal-based com­pa­ny that spe­cial­izes in the acqui­si­tion and devel­op­ment of ver­ti­cal mar­ket soft­ware busi­ness­es, is pleased to announce the acqui­si­tion of CMS Hos­pi­tal­i­ty, an Aus­tralia-based hos­pi­tal­i­ty soft­ware solu­tions provider with clients across 25 coun­tries. Under the agree­ment, Val­soft acquires…

Death and fam­i­ly law prop­er­ty proceedings

If you and your for­mer part­ner are unable to agree to the terms of a prop­er­ty set­tle­ment, one of you will have to apply to the court for prop­er­ty set­tle­ment orders. Lit­i­gat­ing fam­i­ly law pro­ceed­ings can be a lengthy exer­cise, but what hap­pens if pro­ceed­ings have been com­menced and then a par­ty to…

But What Does It Mean? Inter­pret­ing Bind­ing Finan­cial Agreements

Par­ties gen­er­al­ly enter into Bind­ing Finan­cial Agree­ments at the begin­ning of a rela­tion­ship, to pro­tect the assets they bring into the rela­tion­ship, and to gov­ern how assets acquired after the com­mence­ment of the rela­tion­ship are to be divid­ed, in the event the rela­tion­ship breaks down. While these Agree­ments are sup­posed to make…

Infor­mal Prop­er­ty Set­tle­ments: When will the Court decline to make Prop­er­ty Set­tle­ment Orders?

The recent appeals deci­sion in the mat­ter of Hor­ri­g­an & Jen­nings [2018] FAMCAFC206 has high­light­ed the will­ing­ness of the Court to decline to make prop­er­ty set­tle­ment Orders, where it is not just and equi­table to do so. In this some­what unusu­al mat­ter, the par­ties were in a de fac­to rela­tion­ship from 1987, with…

You say toma­to, I say tom­ah­to: The bat­tle of the forms and build­ing contracts

Intro­duc­tion In the recent deci­sion of Stepanos­ki v Aslan [2018] NSWSC 1160, the New South Wales Court of Appeal had to grap­ple with whether: (a) the par­ties involved were bound by the first build­ing con­tract that they signed; or (b) whether the sub­se­quent con­tract, which was signed by the par­ties lat­er and back­dat­ed…

The Role of Expert Evi­dence in Fam­i­ly Law

If you are sep­a­rat­ed and look­ing to obtain a final prop­er­ty set­tle­ment, the very first step you will be required to take is to iden­ti­fy the mat­ri­mo­ni­al asset pool. This involves iden­ti­fy­ing each of your respec­tive assets, lia­bil­i­ties, finan­cial resources and super­an­nu­a­tion inter­est in order to ascer­tain the net assets that…

Mod­ern Award changes 2018 / 2019- Impli­ca­tions for employers

Employ­ers face the con­stant chal­lenge of try­ing to keep up with the pace of change to the indus­tri­al rela­tions land­scape. 2019 will prove to be no exception.  Fol­low­ing the Fair Work Com­mis­sion (FWC) four-year­ly review of Mod­ern Awards, there have been a wide range of changes to some key Mod­ern Awards, includ­ing…

Hol­i­day Office Clo­sure — 2022

If you need to speak with one of our lawyers, please call +61 2 9233 5544.We wish you a hap­py hol­i­days and a pros­per­ous new year! …

David Perkins

Expe­rtiseCom­mer­cial FinanceCor­po­rate…

A Review of Women at Work in 2018

With 2018 com­ing to a close, an oppor­tu­ni­ty exists to reflect on the social, legal and polit­i­cal issues that defined the year. The year of 2018 sits between the 2017 out­pour­ing of #metoo sto­ries, and the pend­ing fed­er­al elec­tion of 2019. For that rea­son, 2018 has been both empow­er­ing and dif­fi­cult…

‘Tis the sea­son: a word about gifts in your fam­i­ly law prop­er­ty settlement

It’s the time of year where most of us are busi­ly engaged in buy­ing last-minute gifts for our friends and loved ones, look­ing for that per­fect gift.  For some of us, that will involve very gen­er­ous gifts to our fam­i­ly mem­bers, per­haps of mon­ey for a house deposit, a car, a love­ly piece of…

A Real Deal: An Unfair Dis­missal Set­tle­ment Goes Wrong

We had a deal! An employ­er asserts an unfair dis­missal case has been set­tled. The Appli­cant con­tends no such set­tle­ment has tak­en place. How can the employ­er resolve the matter?  One avenue poten­tial­ly open to employ­ers is sec­tion 399A of the Fair Work Act (FW Act) which is in the fol­low­ing terms: “Dis­miss­ing…

Swaab Con­nect | Decem­ber 2018

In our final edi­tion for 2018, Richard Ott­ley and Nicole Cini share Mod­ern Award changes for 2018/2019 and the impli­ca­tions for employ­ers. Car­o­line Bass and Nicole Pozovsky explain what is pri­vate and what can be pub­lished sur­round­ing Fam­i­ly Law pro­ceed­ings and Sean Green­wood exam­ines the use of statu­to­ry demands in…

Michael Byrnes on radio 2GB and 4BC dis­cussing legal issues aris­ing from under­pay­ment of staff

Michael Byrnes dis­cuss­es legal issues aris­ing from under­pay­ment of staff on 2GB and 4BC. Lis­ten to the seg­ment here (from 56.00).…

We can’t agree about our child’s reli­gion. What will the Court do?

In deter­min­ing par­ent­ing arrange­ments for chil­dren, the Court’s para­mount con­sid­er­a­tion is to make Orders which are in the best inter­est of the child. There are a num­ber of dif­fer­ent fac­tors the Court will look at, in deter­min­ing what arrange­ments are in a child’s best interests.  Gen­er­al­ly, a child’s reli­gion is a mat­ter for par­ents to…