Articles

Litigation View all

Safe Harbour Insolvency Reforms

The Federal Government has just released the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Bill, 2017 for public discussion.... Read More

“Prevention is better than the cure” – Damages awards in discrimination and sexual harassment cases are now significantly higher than previously awarded

In a recent decision of the Human Rights Division of the Victorian Civil and Administrative Tribunal (“VCAT”) handed down on 23... Read More

“Hold it right there!!” – When Employees try to run off with your Intellectual Property

In the recent Federal Court decision of Leica Geosystems Pty Ltd v Koudastaal (No 3) [2014] FCA 1129, the Court has found that an employee... Read More

Amendments to the law relating to Part IV or Testators Family Maintenance Applications

A new law has been passed by the Victorian Parliament which will come into effect as and from 1 January 2015 and will apply to Wills of... Read More

Liquidators’ Duty of Candour

The liquidators of Octaviar Administration Pty Ltd (in Liquidation) were criticised by the New South Wales Supreme Court for their lack of candour... Read More

Social Networking: The New Whistleblower

In what could be called a first in Australia, the Federal Court has held a company and its sole director responsible for statements made by... Read More

Family Law View all

Tough Love: BFA’s keeping it in the Family

Families work hard to build up a sound business, accumulate assets and some are lucky enough to have children interested in participating in the... Read More

Facebook & Family Law

With the introduction of the social networking site Facebook, people are communicating and sharing more information online. Although the site... Read More

Family Law Reforms

A major change in Family Law in Australia occurred in March 2009.  The Family Court now has jurisdiction to deal with disputes concerning... Read More

Adversarial Legal Battles Harm Families

Courts and society have been grappling with an ever increasing family break down rate and the regrettable fall out that follows.  In the last... Read More

Separation – What Should I Do?

My partner and I have separated. What should I do? It is crucial that you obtain prompt legal advice after separation. A delay in obtaining... Read More

Victoria Leads In Reform To Protect Against Financial Abuse

Previously a victim of family violence could seek an Intervention Order to protect themselves if a magistrate is satisfied that a person has:... Read More

Commercial View all

Unfair Contract Terms – Protecting the Little Guy

Small business owners will need to consider the enforceability of their business to business standard term contracts following the recent... Read More

Shareholder Agreements in a Family Business Context

A Shareholder Agreement is a document which governs the conduct, rights and responsibilities of shareholders and directors of a company. ... Read More

Business Transition – A Holistic Approach

Everyone has heard the term ‘business succession’ for a while now but what does it really mean? On a practical level, succession... Read More

Franchising Code Reforms

Reforms to the Franchising Code of Conduct (“the Code”) are imminent. The Government released the Exposure Drafts of legislation... Read More

Terms of trade – is your business protected?

Failure to regularly review your terms of trade can  adversely effect your bottom line if Central Cleaning Supplies (Aust) Pty Ltd... Read More

The Dangers of Trading Online – Is Your Brand Protected?

In this digital age many brands have identified the online marketplace as the key growth area for time conscious consumers. Online companies such... Read More

Employment/Work Place Relations View all

BlueScope Steel Port Kembla’s (“BlueScope”) Operational Review 2014-2015

In the face of reduced profitability following the decreased demand for steel in Australian and global markets, BlueScope commenced a detailed... Read More

Removal of Car and iPhone During Gardening Leave Breached Employment Contract

  The Victorian Supreme Court recently found that an employer who took away its National Sales Manager’s car, iPhone and iPad... Read More

Security firm avoids redundancy pay because of “ordinary and customary turnover of labour”

In a recent decision, the Fair Work Commission has decided that a security firm need not pay redundancy pay to an employee dismissed when it lost... Read More

High Court: BHP lawfully dismissed employee who waved “scab” sign at protest

  The High Court decision of Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [1] upheld BHP Coal’s... Read More

High Court Declares No Implied Term of Mutual Trust and Confidence in Australian Employment Contracts

On 10 September 2014, the High Court of Australia in the case of Commonwealth Bank of Australia v Barker [2014] HCA 32, ruled that the... Read More

Fair Work Commission Grants Permission for Employer to be Represented in Bullying Claim

Last week, the Full Bench of the Fair Work Commission (“FWC”) handed down a decision which allowed three Respondents to an... Read More