Articles
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03 May 2016
Property
Selling land for unpaid rates and charges: 8 important questions…
These are eight important questions that vendor councils should address before exercising the statutory power of sale.
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03 May 2016
Workplace Law & Culture
Can you dismiss an employee just because they are disobedient?
Recent decisions show that continual or serious disregard for management?s requests and processes can justify dismissal.
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03 May 2016
Public Liability
Managing the risk from footpath defects and negligence claims: wh…
Councils have had immunity from negligence claims concerning defective footpaths if they had no knowledge of the defect.
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03 May 2016
Dispute Resolution & Advisory
Between a rock and a hard place: how to deal with a payment withh…
Payment withholding requests oblige a council to withhold money from the head contractor so the subcontractor gets paid.
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03 May 2016
Contracts & Procurement
How to make a supply agreement effective through clear KPIs and S…
Key Performance Indicators (KPIs) and Service Level Agreements (SLAs) are common in long-term supply or service agreements.
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03 May 2016
Environment & Planning
Why you can't rely on a savings provision in a Local Environmenta…
Councils should exercise caution when relying on savings provisions in an LEP, according to this recent LEC decision.
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27 April 2016
Workers Compensation
Workers Compensation Commission determines meaning of "paramedic"
The meaning of the term "paramedic" denotes an employee who has been "classified" as a paramedic by virtue of the Award
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26 April 2016
Workplace Law & Culture
Don't be so thin-skinned: not all social media posts lead to dism…
This decision highlights important features of the unfair dismissal regime and provides guidance on social media misuse.
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18 April 2016
Workplace Law & Culture
LinkedIn to your goodwill: a de-facto client list for departing e…
We examine recent decisions and measures business can take to protect its goodwill from misuse by a departing employee.
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11 April 2016
Superannuation
ATO ready to audit SMSFs with LRBAs not financed by a bank
SMSF trustees and advisors must place non-bank LRBAs on terms that meet the ATO Guidelines to avoid ATO audit risk.
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05 April 2016
Workplace Law & Culture
Would you make a new mother redundant while on parental leave fro…
Employers need to be able to manage workplace restructuring while balancing obligations to employees on parental leave.
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10 March 2016
Contracts & Procurement
Less than 9 months to comply with the unfair contracts regime? Th…
With the extension to small business contracts, the scope of the unfair contract terms regime will widen considerably.
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07 March 2016
Dispute Resolution & Advisory
Protecting your hard earned business property: Restraint of Trade…
Restraint of trade clauses are void unless reasonable in the interests of the parties and in the interests of the public.
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03 March 2016
Dispute Resolution & Advisory
The currency of Bankruptcy - the case of Nathan Tinkler
This decision is a warning for businesses engaged in cross-border trade where debts are expressed in a foreign currency.
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10 February 2016
Trusts
Trust disputes and legal professional privilege claims by trustee…
This case provides a useful summary of the NSW law in relation to claims for legal professional privilege by trustees.
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08 February 2016
Workplace Law & Culture
Divergent approaches: determining when a contractor is an employe…
These decisions create further uncertainty as to the approach in determining if a worker is an employee or contractor.
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16 December 2015
Workplace Law & Culture
Managing workplace conflict: a legal and psychological perspectiv…
Employees and managers both need far more support to understand, effectively manage and respond to conflict at work
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07 December 2015
Wills & Estate Planning
Same household and dependency will challenge fails
The family provision challenge to the Will by two nieces looks at issues of same household, dependency and other factors.