Articles
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07 December 2016
Workplace Law & Culture
Harsh, unjust or unreasonable: is the unfair dismissal regime bro…
We are familiar with the long standing approach of industrial tribunals in determining whether an employee's dismissal was unfair. You examine if there was a valid reason for dismissal, whether a fair process had been followed and look at the person…
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07 December 2016
Workplace Law & Culture
Might a local council be a bully?
Back in April 2015 we asked whether NSW local councils might be “trading corporations” for the purposes of the Constitution, even though the Local Government Act says they are not corporations but are body politics of the State. We were commenting o…
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07 December 2016
Workplace Law & Culture
The high price of sham contracting
A company has been fined $100,000, and an individual director a further $24,000, for using an artificial triangular arrangement to avoid minimum entitlements under the Fair Work Act. The starting position is clear: the Fair Work Act prohibits sham…
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01 November 2016
Workers Compensation
Section 11A(1): "Reasonable actions of employer" - Does the worke…
A significant issue for employers in establishing a defence under section 11A(1) of the Workers Compensation Act 1987, is whether its actions were reasonable. In addressing this question does the worker?s perception of the relevant events impact on w…
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25 October 2016
Workers Compensation
Resurrecting the discontinued claim: preserving a worker's right…
Recent changes in the area of workers compensation have allowed workers to make \"one further lump sum compensation claim\" for an injury where they had previously made a lump sum claim prior to 19 June 2012.
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24 October 2016
Contracts & Procurement
Give me a sign: what are the risks of accepting an electronic sig…
If your business accepts a commercial contract that has been signed electronically, there is a risk that the contract will not be enforceable against the person that had allegedly signed it if the electronic signature was applied without authority.
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20 October 2016
Dispute Resolution & Advisory
Building defects issues for trustees. Buying a house for a benef…
What do you need to know as a trustee buying a house for a beneficiary? A property purchased for a beneficiary who turns out to have a leaking roof and cracked walls can result in a lot of time spent and anxiety for a trustee. Attempting to resolve t…
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20 October 2016
Workers Compensation
Winners and losers: Guidelines for vicarious liability of employe…
A case note on Prince Alfred College Incorporated v ADC [2016] HCA 37. The law regarding the extent to which employers are vicariously liable for wrongful acts by an employee has been historically unclear. The judgment delivered by the High Court in…
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06 October 2016
Dispute Resolution & Advisory
What to do if you get a subpoena? 5 things you need to know.
Received a subpoena and not sure what you have to do next? Can you ignore it? Can you claim the cost of answering it? Over the coming months, we will provide a five part series on responding to subpoenas.
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05 October 2016
Wills & Estate Planning
'When friendly family loans go bad...' on demand loans
Loans between family members and family entities, sometimes for very substantial amounts, are common. Often their terms are undocumented and there is no specific repayment agreement. But what might happen if you really needed to force the borrower to…
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19 September 2016
Superannuation
The new 'foreign resident' capital gains withholding regime - a n…
From 1 July 2016, a 10% non-final withholding tax applies to persons who 'become the owner? of interests in Australian real property and real property-related membership interests such as shares, with a value above $2,000,000.
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15 September 2016
Taxation
Duty and Land Tax Surcharges to sting discretionary trusts
The New South Wales Government announced two surcharges aimed at 'foreign persons? acquiring and holding residential property in the 2016 budget. The surcharges were introduced by the State Revenue Legislation Amendment (Budget Measures) Act 2016.
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14 September 2016
Taxation
NSW Surcharge Purchaser Duty and Land Tax Surcharge - not limited…
Foreign persons acquiring residential property in NSW on or after 21 June 2016 are liable to pay a 4% surcharge duty in addition to the usual duty payable on the purchase. A land tax surcharge of 0.75% will also apply to foreign persons owning reside…
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07 September 2016
Environment & Planning
Latest Botany Bay challenge to amalgamation dismissed in ....
In a new judgment handed down last week, the Court of Appeal dismissed the latest challenge by the City of Botany Bay Council to the State Government?s proposed amalgamation proposal that would see Botany merge with Rockdale Council.
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25 August 2016
Workplace Law & Culture
Reasonable notice for termination of employment
Do I still get reasonable notice? That is a very good question, and until very recently we would have said, Yes! For those without an agreed period of notice for termination of their employment, the implied term of reasonable notice was a comforting…
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22 August 2016
Dispute Resolution & Advisory
Council's contract claims overturned in Court of Appeal
Circumstances where amendments can be made to the terms of a tender, once the process has been initiated, are limited.
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01 August 2016
Deceased Estates
Further family provision when the plaintiff's life is "a modern u…
The son's claim for further family provision was ultimately unsuccessful, but the costs were ordered from the estate.
