Latest publications
Post separation financial contributions
The period between separation and the finalisation of a financial matter can be a matter of days (if both parties agree) or years (in the Family Law Courts, it is currently estimated that parties will have to wait 3 years before a defended final hearing). Generally speaking, the values of all assets and liabilities of…
Developers play critical role building world-class Smart Cities across Australia
Any of us who has sat in gridlocked traffic on our way to the airport, faced a long train commute between home and work, and regularly struggles to find innovative young talent to employ, is unlikely to question the need for smarter cities. Australia needs cities – both metropolitan and regional –…
Redundancy — Defending Claims for Unfair Dismissal
Circumstances will sometimes arise in a business where an employer needs to shed staff. The business may be subject to a takeover or amalgamation, or its revenue may contract, for example where the market paradigm changes or perhaps as a result of losing key clients. It is in circumstances such as these, that an…
Can you stand down your employees?
A common question for employers is whether and in what circumstances can they stand down an employee. At common law there is no general right to stand down or suspend an employee without pay absent an express contractual term (see discussion of cases at [65] to [73] of Coal & Allied Mining…
Common sense prevails in an unfair dismissal case
I often write about whacky decisions of the Fair Work Commission which demonstrate the extraordinary lengths employers have to go to, to avoid falling foul of the maze of employment law rules and regulations. However, the recent decision in Georgia Sologinkin v Cosmetic Suppliers Pty Ltd T/A Coy is a victory for…
Are you entitled to trade under your own name?
You sometimes hear people say that they have a fundamental right to trade under their own personal name. There is some truth in this belief but there are important restrictions to such an alleged right. There is a qualified common law defence of “use of one’s own name” against an action for passing…
Where there’s no will, there’s still a way 5 things about intestacy
Everyone has an estate plan – even if you didn’t plan one. If you die without a will, the rules of intestacy will apply. The rules of intestacy distribute the estate in accordance with specific rules in the Succession Act 2006 NSW. Leaving your estate planning to the rules of intestacy…
Can an employer require an employee to undertake a medical examination? update
Employers are regularly confronted with situations in which they need to obtain further medical information about injured or unwell employees who for various reasons, fail to cooperate with employer requests for such information and/or to attend an employer nominated doctor for a medical examination. There are a number of Court decisions which…
Equity Crowd Source Funding — Part 1: A basic primer
On 28 March 2017 the Corporations Amendment (Crowd-sourced Funding) Act 2017 (Cth) (Act) received Royal Assent, paving the way for crowd-sourced equity funding. What is Equity Crowd Source Funding? It is a mechanism (an online platform) that will enable eligible companies to raise capital by offering securities (only new ordinary shares) in…
5 ways your step-child could claim on your estate
Step-children may be able to make a claim against your estate if they are able to prove firstly, their eligibility, and secondly, that you have not given adequate provision for their proper maintenance, education or advancement. 5 different cases are discussed below. I have an estranged relationship with my step-child and I haven’t seen…