Recent News

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 […]

Is Mr Fluffy in your Roof?

The Government will test for free if you register before 1 August 2016.  If you do not register for testing by 1 August 2016 you will not have access to Government compensation  if your property is affected by Mr Fluffy. If your house was constructed before 1980, you should register for free ceiling insulation testing. You must […]

Not too Drunk to Get the Sack

Wining and dining is an aspect of today’s workplace culture, for insurance broker Mitchell Innes a night of drinking on the company tab meant the end of his employment with Willis Australia Group Services (‘Willis’). The Story Mr Innes attended a work conference in Melbourne late October 2012, during the conference he and a number […]

Would Sir or Madam like a Contract “to go” with those Mutual Wills?

Many couples make Wills on the same terms – they choose the same executors, beneficiaries, and asset distribution.  However, there is nothing to stop one – or both – changing his or her will to dis-inherit beneficiaries that the couple had jointly understood would benefit on death.  Absent a formal contract to make mutual wills, […]

High Income Threshold and Compensation Cap for Unfair Dismissal Applications – 1 July 2016

Employers should be alert to changes to worker entitlements effective 1 July 2016:  Unfair Dismissal High Income Threshold; Compensation Cap for Unfair Dismissal; Redundancy Tax Free Amount; Employment Termination Payments (ETP) Lower Tax Rate Cap; and Superannuation Maximum Contribution Base. Unfair Dismissal High Income Threshold From 1 July 2016, the High Income Threshold will increase from […]