Articles

“In a liberal democracy, it is assumed that citizens, corporations and other organisations will comply with the law”, an exasperated Full Federal Court recently commented.

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A common defence relied upon by employers in psychological injury cases is the section 11A(1) defence.

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Robust discussions and disagreements are part and parcel of decision-making, especially at senior levels and in the boardroom.  Yet, we all know that decision-making can also involve personalities and politics, and occasionally, things can get diffic…

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When I talk to clients about making a will, I quite often detect some tension between their belief that they have the right to choose exactly who will benefit from their estate and discomfort with their adult children’s expectation that they will be…

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If you are an international online retailer, think twice before assuming you won’t fall into the broad net of the Australian Consumer Law (ACL).

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Fatigue at work is a very real issue and a big risk for employers if not properly managed.  But what control do employers have over what an employee does outside of work?  Why can’t workers be resourceful and have a second job?

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Quite often, I’ve had clients come to me and say: ‘What can I do about an online statement that has been made about me that is damaging and possibly defamatory?’ To complicate the issue, the problem often arises in the context of an attack on the cl…

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You’d have to be living under a rock to be oblivious to the 7-Eleven scandal involving the underpayment of migrant workers by dodgy franchisees.  And 7-Eleven isn’t the only employer to recently be caught up in underpayment scandals.

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Careful and constant management of injured and ill workers is a necessity in today's workplace.  But who has the courage, patience and time?

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Australia’s hire industry had been seeking relief from the draconian effects of the Personal Property Securities Act 2009 (Cth) (PPSA).  The PPSA resulted in many hire businesses losing ownership of their equipment when they failed to register a hire…

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The 2012 amendments (Workers Compensation Legislation Amendment Act 2012) abolished the entitlement to compensation for pain and suffering under section 67 of the Workers Compensation Act (WCA) from 19 June 2012.[1]  However, does a worker who made…

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It was a surprise when a Federal Government Minister recently criticised corporations on supporting same-sex marriage saying “it is unacceptable that people would use companies … to throw their weight around”.  Aren’t companies supposed to be good co…

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It’s the issue that is top of mind for almost all litigants.  However, it’s probably one of the most misunderstood.

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There are alternative ways to tackle employment conflicts, disputes and bad behaviour.  Believe it or not, it is not a case of having to "investigate" every complaint or incident!

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An aging population has resulted in an increase in age related illnesses such as dementia. You are often faced with the issue of who is best to manage an elderly person’s affairs as a result of that person’s legal incapacity. The issue becomes compli…

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If an owner wants to remove a caveat from the title to the owner’s land, issuing a lapsing notice is a quick and easy way to shift the problem to the party that lodged the caveat (caveator). Once the caveator has been served with the lapsing notice t…

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