Latest publications
“What becomes of the broken hearted?” and can or should employers care anyway?
The unfortunate answer to the Motown ballad question — ‘What becomes of the broken hearted?’ — is they sometimes become stalkers. So, when a workplace romance or flirtation goes wrong, does the employer have a right to tidy up the mess? A quick review of past decisions shows that the Fair Work…
Amended Land and Environment Court Practices
IN SUMMARY The Chief Judge of the Land and Environment Court has issued new practice directions for policies aimed at streamlining merit appeals. Multiple adjournments of conciliation conferences with parties slowly meandering in an effort to reach agreement will no longer be permitted. If applicants wish to rely on amended plans…
Reasonable notice on termination of employment has it a future?
Introduction Termination of a contract of employment upon reasonable notice has long been regarded as part of the employment law landscape. It bridges the gap where the parties to the employment relationship have failed to specify in the contract of employment, the period of notice necessary to end the relationship without…
Former directors need to watch their step
Introduction It is not unusual for former directors of companies to set up in competition against their original companies. When they do so, they need to watch their step. Former directors may find themselves in a potential minefield with legal mines at every turn. A salutary lesson for former directors involved the…
Thinking of starting a family? Written consent may be the way of the future.
Some people plan a family in advance. Others may have it at the back of their minds for some time. IVF has become a far more accessible service in the last decade and what happens to frozen embryos if a couple separates is entirely dependent on the nomination they make at the time they…
5 Reasons why you might need testamentary trusts in your will
A testamentary trust is a trust that is created under a will and comes into effect after you die. Here are five reasons why testamentary trusts are a great structure to consider in your estate planning. Asset protection Assets under a testamentary trust are held and managed by a trustee (as appointed by you) for the…
How to lose a business — without lifting a finger
‘The shareholders own the business, right? After all, they own the company, which pays the rent and the staff and the bills that keep the lights on and the photocopier humming. The customers are customers of the business, aren’t they? Sure, your employees have the direct relationship with the customers…
Personal risks for directors in modern times
When I came back to the office after the holidays, I came across a couple of recent surveys of Australian directors which reveal some of the issues that most concern the people who run companies in this country in 2017. Regulatory and personal risks are always near the top of these lists, and…
The Fair Work Commission — Has it lost its way?
Trust — the key ingredient There is no mystery as to what lies at the heart of healthy staff/management relationships in a business – the key is trust! (See my December post) So, what happens to employment opportunities in our country when the business community loses faith in the Fair Work Commission…
“Buying food, drinks and women”; an assessment of parties’ conduct as it relates to family law
Parties who have been in a de facto relationship (heterosexual or same sex) or marriage and have separated sometimes ask if his or her (or the other party’s) conduct has any impact on their financial settlement. Common questions include: “Will I get more if my partner/spouse has cheated on me?” “Will I get more if…