Latest publications
Raising the bar — trade mark opposition periods change
In Brief Changes to Australia’s intellectual property régime will come into full effect on 15 April 2013. These changes affect many of the processes and procedures for patent, design and trade mark protection. For trade mark owners, this will mean that the period within which a third party can oppose an accepted…
Employee or Contractor?
In Brief A recent decision of the Full Court of the Federal Court of Australia takes us further in the murky world of law concerning whether an individual is an employee or a contractor. This article explores the messages to be learnt from this case if you want to ensure that a relationship is…
What you were afraid to ask about Long Service Leave
In Brief Long service leave is an often overlooked and forgotten entitlement which rewards longer periods of service. This article provides an outline of this area and the key things to be mindful of. What is it? Long service leave is generally a statutory entitlement which employees accrue, based on length of service with…
Recognition of cross-border insolvencies in Australia
In brief Swaab lawyers Georgina King and Michelle Harpur discuss applications for recognition of foreign insolvency proceedings in Australia under the UNCITRAL Model Law on Cross-Border Insolvency. Since 2008, the United Nations Commission on International Trade Law Model Law on Cross-Border Insolvency (Model Law) has been in force in Australia pursuant to…
Australian Government incentivises foreign investment in Australia
Late last year the Government introduced two new classes of visa designed to incentivise foreign investment in Australia. High net worth individuals who intend to invest, or have invested, at least A$5 million in certain classes of assets can now apply for provisional and permanent visas in Australia. There are…
Employment Law in Australia
Swaab employment partner, Richard Ottley has been featured on Corporatelivewire.com discussing the legal compliance challenges overseas organisations face when wishing to set up businesses in Australia. > Read the full article …
Employee? Or not employee? Why is it not clearer?
After 200 hundred years of legal decisions on the question of who is an employee and who is a subcontractor, the courts still surprise us. A recent Full Federal Court decision on the issue provided a very adverse outcome for the hapless employer. It involved 5 insurance sales representatives operating in 3 different roles for an…
National Transport & Logistics Regulation Becomes Reality. Is Your Supply Chain Ready?
In Brief After years in the making, the establishment in late January of two new national transport regulators represents a critical shift in land transport regulation in Australia and serves as an important reminder of the way that transport regulation impacts everyone who uses transport in their supply chains, not only those…
Non Award Compliance Can Really Cost Small Businesses
In Brief The Federal Magistrates Court has issued a very clear warning to small businesses to comply with the minimum entitlements set by awards or risk getting severely fined.Fair Work Ombudsman v Turbo Café Water Gardens Pty Ltd & Anor [2012] FMCA 794 & Fair Work Ombudsman v Turbo Café Point Cook Pty Ltd & Anor [2012]…
When is redundancy genuine?
In Brief Employers who fail to observe the Fair Work Act 2009 (Cth) (the Act) requirements relating to redundancies can find themselves exposed to unfair dismissal claims in circumstances in which they may have had good business reasons for termination. A recent decision before Fair Work Australia (now Fair Work Commission) highlights…