Latest publications
Calculating redundancy payments does prior service as a casual count?
Australian law has for a long time recognised the concept of “casual” employment. It is generally understood that casual employees are engaged on an “as needed” basis. There is no obligation on the employer to offer a casual work and, equally, there is no obligation on the employee to accept work when offered…
Environmental Planning and Assessment Amendment Bill
The State Government has released the Environmental Planning and Assessment Amendment Bill 2017. The Bill is on public exhibition until 10 March 2017. Proposed amendments of note include:Development Applications The requirement to give reasons why a DA was determined the way it was. The reasons are designed to inform the community as…
Trust me — I’m your employer
Coming into this season, we tend to reflect on the year that was and what matters most in our lives. For many of us, this will be nurturing healthy relationships. Relationships founded on trust. This year, I have made it my business to seek out and spend time with people who have…
We can’t build our wills on suspicious minds
What to expect when challenging a will made in ‘suspicious circumstances’ Key points Courts presume that wills are made validly – that is, that they are prepared and executed correctly, and that the testator knows about and approves of the contents of the will These presumptions are open to challenge where the…
The Strategic Marketing of Innovation
In Brief Innovation should be the key element in your business strategy. However, innovation only has commercial value when it satisfies the needs of your target markets By satisfying your customer’s needs in a unique way, innovation provides not only increased revenue but also justifies higher margins which can be the…
How to sell your business, tax effectively
Too often business owners fail to take advantage of the generous capital gains tax (CGT) concessions available when selling a business. It takes hard work and dedication to build and manage a successful business, but all that effort could amount to very little if you end up being hit with high CGT…
Advanced Care Directives
In Brief In this article, we examine Advanced Care Directives (ACDs) and how they can be used to assist your loved ones to make decisions about your medical treatment in circumstances where you lack the capacity to make such decisions for yourself. What is an ACD? An ACD is a document which sets…
Who owns your Intellectual Property?
In Brief Intellectual Property (“IP”) may appear to be intangible but it could be the most valuable asset your business possesses. It is therefore vital to determine who actually owns your IP. The ownership of company names and business names is often a subject of confusion. The fact that you have registered…
Penalties in Commercial Contracts
In Brief In our previous issue, we examined the general law of penalties in contracts, particularly in light of the recent High Court decision, which held that credit card late payment fees charged by ANZ were not penalties.[1] The significance of a clause being regarded as a penalty is that it is…
AdWords: Paragons or Parasites?
Summary A recent Federal Court case has affirmed the position in Australia that the use of AdWords generally does not constitute trade mark infringement because it does not represent trade mark use. AdWords “AdWords” are marketed by Google and they can be very frustrating to the owners of well-known brands. AdWords…