The High Court of Australia has handed down its second significant decision on the interpretation of the adverse action provisions in the Fair Work Act 2009 (the Act).  Readers will recall the High Court’s 2012 decision in the Board of Bendigo Regional Institute of Technical and Further Education v Barclay which provided employers with guidance on what must be established to defend a claim that adverse action had been taken against an employee for a prohibited reason.  

The Victorian government passed the Justice Legislation Amendment Act on 16 October, just before the deadline was crossed before it moved into caretaker mode.

The Act includes significant amendments to the laws governing the contesting of wills, that is, claims by those who consider that a will has not properly provided for them.

On 12 March 2014, significant changes to the Privacy Act 1988 took effect that included the introduction of a more comprehensive credit reporting system, and the introduction of a set of Australian Privacy Principles, which set out the standards, rights and obligations in relation to the collecting, handling, holding, access and correction of personal information.

In a decision handed down by the Fair Work Commission this week, a Victorian water authority was found to have contravened the "no extra claims" clause in its enterprise agreement by changing a vehicle policy which had provided some employees with limited private use of work vehicles.

Voluntary disclosures relating to the Australian Tax Office’s (ATO) “Project DO IT” initiative must be made before 19 December 2014. 

A recent case in the Administrative Appeals Tribunal (Pope v FC, known as Pope’s Case) is of interest to taxpayers and their advisers, with respect to the characterisation of unpaid trust entitlements (UPEs) as loans. 

The Victorian Supreme Court ordered the State of Victoria to pay damages in excess of $1.2 million to a former teacher at Werribee Secondary College, after he sued in negligence for the school’s failure to prevent what became a debilitating psychiatric injury

When people talk about their estate plan the first thing that usually comes to mind is their will. Most of us are pretty good at making plans for what happens if we die but more often than not we fail to plan for the possibility of losing capacity.

One of our clients recently rebranded her business, and in the process changed its name. Her accountant had diligently registered a new business name for her. Unknowingly, she’d chosen a name similar to a competitor’s name – but it was different enough for ASIC to allow both registrations. Inevitably, the competitor threatened legal action.

The fiduciary duty owed by an administrator of an estate, and the need to leave a will, were graphically illustrated in a recent Queensland Supreme Court case (McIntosh v McIntosh (2014) QSC99).

In tough economic times, maintaining cash flow to your business can become more difficult. The Building and Construction Industry Security of Payment Act 2002 can assist suppliers, contractors and subcontractors in the building industry to get paid more quickly and avoid expensive disputes.

The High Court has handed down its decision in the landmark case of Commonwealth Bank of Australia v Barker today, determining that there is no common law term of mutual trust and confidence implied into contracts of employment in Australia.  

A recent decision by the Federal Circuit Court is a reminder to employers of the need to be careful when considering dismissal of employees who have been absent from work due to illness for an extended period of time. 

A new section 45 under the Domestic Building Contracts Act 1995 enables a party to a domestic building contract to refer a dispute to the Victorian Building Authority.

A new section 45 under the Domestic Building Contracts Act 1995 enables a party to a domestic building contract to refer a dispute to the Victorian Building Authority.

In its most recent newsletter the Law Council of Australia argued against the Federal Government’s proposal to create an independent appeal jurisdiction for the Fair Work Commission.

The previous uncertainty surrounding the length of time in which home owners could bring a claim against builders has now been clarified by the Supreme Court of Victoria.

Back in 2011 the legal community was atwitter on hearing that Ms Fraser-Kirk settled her claim for sexual harassment against chief executive Mark McInnes and David Jones for $850,000.  Her original claim for damages was for $37 million.                       

An informed analysis of damages claims ordered by courts in previous cases indicated that the range of damages for moderate sexual harassment cases was between $5,000 and $30,000. 

In a report setting out its work in the small business sector between 1 January and 30 June 2014 the ACCC has claimed it is committed to protecting the interests of small business and enforcing the Australian Consumer Law.

On 30 July 2014 the Australian Taxation Office issued Taxation Ruling TR 2014/5 (previously released in draft form as TR 2013/D6) addressing the taxation effect of an order by the Family Court under section 79 of the Family Law Act 1975 for a private company to pay money or transfer property to a shareholder or their associate.