Latest publications
Five ways to make them pay their debts
When people tell me that they are owed money and ask me what they can do to recover that debt, I can only tell them half the story. The other half of the story only they can tell me. My half of the story The legal system provides a number of measures to enable…
Employer defends adverse action claim by employee dismissed during probationary period
In brief – Dismissal during probation not necessarily an adverse action Following on from our earlier article on adverse action, a recent case has highlighted how an employer can be successful in defending a claim lodged by an employee who was dismissed during a probationary period. Hodkinson v The Commonwealth [2011] FMCA 171 Sandra Hodkinson was engaged…
Rights of grandparents and other extended family members to see the children after families separate
In Brief — Importance of a pre-existing relationship and the age of the child The decision of a court about grandparents and extended family members spending regular time with the children after separation or divorce is likely to be influenced by the age of the children and by whether or not a relationship already…
Genuine steps before going to court
In brief — Increased importance of attempts to resolve a dispute On 24 March 2011 the Australian Parliament passed the Civil Dispute Resolution Bill 2011, which will require prospective litigants to take genuine steps to resolve a dispute before proceedings are commenced in the Federal Court or Federal Magistrates Court. Once the…
ASIC involvement marks new twist in Chameleon Mining case
In brief — Financial services licence exemptions do not have retrospective effect ASIC has become involved in the case of International Litigation Partners Pty Ltd v Chameleon Mining NL, submitting to the court that exemptions from the need to hold a financial services licence do not have retrospective effect. Litigation funding agreement is a financial product…
Growing your business through acquisition
In brief – Acquisition can accelerate the growth of your business One way to accelerate the growth of your business dramatically is to buy another business. This can help you gain a competitive advantage in your industry, expand the scale of your operations and lead to a number of potential benefits. These include…
Federal Court sets serious consequences for multiple breaches of Do Not Call Register
In brief — Companies need to be wary of breaching the Do Not Call Register Substantial fines have been issued for breaches of the Do Not Call Register since it was established in 2007. Establishment of the Do Not Call Register The Do Not Call Register was set up by the Federal Government…
Federal Court finds Centro directors guilty of breaches of the Corporations Act
In brief – Breach of financial reporting obligations and duties of care and diligence The Federal Court has found that eight directors of Centro Properties Group and Centro Retail Group breached their financial reporting obligations and their duties of care and diligence under the Corporations Act 2001 in approving incorrect financial…
Advantages in finalising the market rent before a tenant exercises an option for a new lease term
In brief – Both landlord and tenant benefit by agreeing on the market rent Tenants who have an option for a further term contained in their lease can benefit from asking the landlord to confirm the market rent payable for the first year of the option term before exercising the option. This…
Swaab in BRW Magazine
In Brief In this Business Review Weekly article Global Networks, Managing Partner Fred Swaab discusses Swaab’s international alliance with the Meritas Organisation. …