Recent News

You Can’t Pick Your Family, But They Can Claim Your Estate

An ‘eligible person’ can make a claim on your estate if you did not make adequate provision for that person. An eligible person includes a spouse, a former spouse, a child, a person that the deceased was living with or are in a close personal relationship with, or a person who was at a time […]

Database Raid: Party-Party for the Raider

The Story A SAI Global employee jumped ship to a competitor, Infotrack, taking SAI's data with him on a USB stick. However, the raider lost more than bark in the ensuing court battle. First, The employer got urgent orders from the court requiring the employee to deliver up devices, computers and documents and to give […]

It’s all up in the AirBnB

In our previous article “Holiday Lettings Unlawful in Some Residential Areas”(link below), we discussed the case of Dobrohotoff v Bennic [2013] where a neighbour was frustrated by a nearby home being leased for wild parties including hens’ and bucks’ nights. Since then there have been developments in this interesting area of law. First, there is […]

Work Experience Cost him his Sight and Cost the Employer a $240,000 Fine

Year 10 work experience student, Alex Thomas, lost 75% of his sight from 'flash burns' after welding all day without lowering his UV darkening mask. The employer pleaded guilty to breach of the Work Health and Safety Act 2011. A breach of the Act can carry criminal penalties, fines of up to $1,500,000.00 and result […]

A party in liquidation may not be entitled to progress claims under the Security of Payments legislation

The Court of Appeal of the Victorian Supreme Court has heard an appeal of decision of Vickery J in Facade Treatment Engineering Pty Ltd (in liquidation) v Brookfield Multiplex Constructions Pty Ltd [2015] VSC 41.  In that earlier decision it was has held that provisions of the Building and Construction Industry Security of Payment Act […]

ATO Dragoons Prestige Property Purchasers to be Tithing Tax Collectors

A tax grab of biblical proportions… Anyone buying or selling property in Australia with a value of $2 million or more is caught by new tax collection rules from 1 July 2016. Vendors selling property for $2m or more must obtain a CGT  “clearance certificate” from the Australian Taxation Office (ATO) confirming that they ARE […]

Casually Counting Towards Entitlements

The full bench of the Fair Work Commission has found that casuals that convert to non-casual employment are entitled to notice and redundancy not only based on their permanent employment, but also their period of “regular and systematic” casual service:  AMWU v Donau [2016] FWCFB (Donau).  The Commission took a broad view of “continuous service” […]

Your Honour, ‘Facebook’ and ‘Twitter’ are the Grounds for Dismissal

The age of social media provides us with the opportunity to read a news article, share a photo and connect with a friend – all with one click of a button. Unfortunately, having the world at your fingertips has also presented employees with opportunities to avoid work, and employers with new evidence of employees’ misconduct. […]

Don’t Lose Sleep Over Noisy Neighbours!

Noisy neighbours are common, especially when you live in an apartment building. However, you can, with the support of your body corporate, do something if the noise is caused by a change in flooring. This was demonstrated in the recent case of 18 Kingsford Street. The Facts 18 Kingsford Street is 5 lots in a residential building. […]

Employers generally like to get annual leave off their books

Employers generally like to get annual leave off their books.   Forced Leave:  Employers can force staff to take leave during an annual closedown (see the modern award), or if they have 8 weeks accrued and you give written notice of at least 8 weeks of when they must start the leave. Cashed Out Leave:  For some employees, you […]