Latest publications
Building your business around innovation
In brief Innovation is the soil from which all successful businesses grow – not only as start-ups, but even in the mature stage of their life cycles. Unfortunately, however, businesses often fail to identify, value, protect and exploit this innovation at the expense of surging profit and revenue growth. Swaab…
NSW strata reform: a different kind of deposition
In brief ‘Strata housing’ is a term that originated from the field of geology, where different ‘strata’ were the layers of sedimentary rock or soil that had been deposed over thousands of years. A more important type of deposition, however, may be the one you face if you infringe upon the ‘Strata…
Social media in family law proceedings — how is it used?
In brief Social media goes far beyond cat videos (although it might not always seem like it). We use it to broadcast our joys, fears, grudges, homes and daily routines. We use it to communicate with each other, both publicly and privately. A recent paper published in the Family Law Review…
Can you extend probation?
In brief Probation periods are important to employers. The probation period allows employers to gauge an employee’s competence and character, before it gets tricky terminating them. There is, however, confusion around this status. As an employment lawyer, I am often asked whether an employer is able to extend the probation period…
New law gives a much needed boost to Employee Share Schemes
What is an ESS? An employee share scheme (ESS) is a scheme under which shares or rights to acquire shares (options) in a company are provided to an employee or their associates. Why have an ESS? An ESS is a way of attracting, retaining and motivating staff because they align employees’ interests with shareholders’ interests. Employees…
Are your brands at risk?
In brief The value of your brands Sometimes, the truth hurts. Never is that more true than with a company’s brand – despite being loyal to it for years, you might come home one day and find your brand in bed with another firm, and soon realise it was never yours to…
Can you record your will on a DVD?
In brief The Early Romans had a curious way of making their wills. A Roman would walk into a public space and declare his or her testamentary intention by spoken word in front of at least seven witnesses. Over time the Romans recognised the risk of leaving the wishes of the deceased to…
Redundancy — can an employer avoid payouts by getting their employees another job?
The Fair Work Act (the Act) contains a provision (s 120) which says that if an employer “obtains other acceptable employment” for an employee it is making redundant, it may get redundancy payments reduced. In particular, on application to the Fair Work Commission it may obtain an order reducing the redundancy…
Redundancy — when don’t you have to pay it?
In brief There is increasingly an expectation amongst employees that they will be paid a lump sum – over and above pay in lieu of notice and any leave entitlements – when their role in the company has been terminated (other than for issues of misconduct). In the past, this right was…
Socially responsible business: Let ethics drive you to new success
In brief You should be driven to success by your industry, business skills, creativity and ethics, and not conflicted by them. You can still run a profitable business and benefit society at the same time. Euge Power, solicitor at Swaab Attorneys, sets out some of the ways that a business can be…