Articles

The landscape is about to change for long-term casual employees in Australia.  As part of its review of Modern Awards, the Full Bench of the Fair Work Commission has decided that most Awards will need to include a ‘casual conversion clause’.

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Not many cases run to judgment in the Dust Diseases Tribunal. However, in recent weeks there have been two decisions, one of which lays down what could be regarded as new guidelines in relation to the payment of interest, while the other one of which…

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This article was originally published by the Law Society of New South Wales on 1 July 2017.

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The Retail Leases Amendment (Review) Act 2017 (NSW) commenced on 1 July 2017. Schedule 1 to that Act sets out the amendments which have been made to the Retail Leases Act 1994 (NSW).

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The indemnity clause is usually the most contested clause in any contract negotiation including in property transactions. This is understandable.

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Do you have a telecommunications carrier occupying your land and paying you a yearly rental?

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Under the Work Health and Safety Act 2011 (NSW), every employer has a duty to eliminate risks to the health and safety of its employees.

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“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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