Recent News

If It Quacks Like a Duck, It’s Probably Ms Duck

Sham Contracting Update – Class Actions A new class of class actions is hitting the Australian courts and creating headaches for putative employers.  The Federal Court has four class actions now where employee entitlements are being claimed for contracted workers using the sham contracting and general protections provisions of the Fair Work Act. Read on. […]

Beware the Ides of Short Term Rentals – Short Term Lettings and Property Investors

Short Term Lettings and Property Investors Short term lettings have been for some investors and absolute bonanza, returning well above average returns. However, short term rentals have been in a legal limbo since a NSW court decided that short term lettings were not lawful under local planning laws.  Do you remember the story (only four […]

A Cladding Tinderbox: Will your High Rise Insulate or Immolate?

A Cladding Tinderbox:  Will your High Rise Insulate or Immolate? No-one wants to get caught in a high rise fire.  A spate of external cladding fires around the world has prompted new precautions.  Anyone that owns or lives in a residential high rise should read on.  Inflammable aluminium composite panels were banned in NSW from […]

Binding Death Benefits and Loss of Capacity and Powers of Attorney

Peter McNamara has previously warned that you get your superannuation death benefits sorted:  http://www.cml.com.au/wills-smsfs-and-binding-death-benefit-nominations-get-yours-in-line Now a recent case shows that you should get your powers of attorney sorted as well. What happens to your superannuation if you lose capacity?  Your superannuation death benefits will be dealt with as set out in the superannuation trust deed.  Most […]

Employees Steal the Business – But Employers get it back

Poaching staff from competitors is not uncommon, but can be risky.  Employers must be sure that new employees are not acting in breach of obligations to their former employers.  In a recent High Court case, the new employer was ordered to disgorge the whole of its business, taken from the old employer, and to pay […]

Casual gets Annual Leave

Casuals can get permanent entitlements.  In a recent case an employer was ordered to pay annual leave for a casual employee.  If the worker looks permanent, the worker probably is.  If you have casual employees, you may be at risk – read on: The Federal Court has ordered that a casual employee be paid annual […]

New Obligations: Mandatory Data Breach Notification Laws

Just when you thought discovering a data breach within your organisation was already a headache – such as a lost company computer or an employee disclosing unauthorised information – from 22 February 2018 this could become a migraine as you are now obliged to notify the Office of the Australian Information Commissioner (OAIC) and any […]

The Art of the Non-Deal

Well, Barnaby Joyce has sure gotten our attention recently.  It’s as old as the hills:  Two people get together, one is older and already has kids, and the younger one is female. And a similar story should get our attention this week.  In this case, one man was older, and very rich, while she hardly […]

Digital Assets and Estate Matters: What happens to your online data after your death?

In today’s world nearly everything is digital, cloud storage is used for your personal files, Facebook for your social calendar and LinkedIn for your career. Most people have adjusted to technology taking over their life, but few realise that their digital footprint can also pose a real problem after death. Digital platforms are required to […]

Review of Australian Charities and Not-for-profits Commission legislation

The Australian Charities and Not-for-profits Commission (ACNC) is the national regulator of charities and not-for-profits. It is responsible for ensuring public trust and confidence in the charities and not-for-profits (NFP) sector. This includes maintaining accountability and transparency, supporting and sustaining a strong, independent and innovative sector, and promoting the reduction of unnecessary regulatory obligations. After […]