Legal Insights
Proposed superannuation budget changes released
The Government has released its second tranche of draft legislation to implement the proposed superannuation budget measures.
Labour hirers and unfair dismissal
Labour hire companies will take some comfort in a recent decision of the full bench of the Fair Work Commission in an unfair dismissal case.
‘G, it’s the Finals!
It’s FOOTY FINALS TIME! With the two Sydney teams, Sydney Swans and GWS Giants, doing battle with Geelong and the Western Bulldogs respectively in this weekend’s preliminary finals, fans will be flocking to both the MCG and Spotless Stadium tonight and tomorrow for the big games
Fair Work Commission calls for further submissions on penalty rates
Many in the community anxiously await the decision by the Fair Work Commission (FWC) on weekend penalty rates. The Full Bench of the FWC recently issued further directions for further evidence to be adduced in order to assist it in coming to a decision. That will mean a final decision will not be made for a number of months.
Brangelina split – the custody battle begins
As the entertainment media lights up like a Christmas tree with headlines of the split of power couple ‘Brangelina’ and news that Angelina will file for divorce and ‘physical’ custody of their 6 children, many are left asking what this all means.
A common sense approach to notices of employee representational rights? Fair Work Commission says no
The Full Bench of the Fair Work Commission has confirmed that notices of employee representational rights given by an employer after the end of the 14 day period required by the Fair Work Act were invalid because of their lateness, and for that reason, the enterprise agreement they related to could not be approved.
Controversial $500,000 lifetime non-concessional contributions cap scrapped
The announcement of the $500,000 lifetime non-concessional contributions cap in the 2016-2017 budget was not only controversial, especially given what was widely perceived as its retrospective operation, but raised many questions as to how it would be applied. The Government has announced that the proposed lifetime cap will not proceed but will be replaced by a new measure.
Attempts to regulate short stay accommodation sites Airbnb and Stayz
Short stay online accommodation services such as Airbnb and Stayz, do not enjoy universal acceptance. The alleged behaviour of some guests have seen attempts to control their activities, with mixed results.
Small Business Restructure Roll-over – aggregated turnover test to be increased to $10 million
The Government has confirmed that the proposed increase of the aggregated turnover threshold for small business entities of $10 million will apply to the Small Business Restructure Roll-over relief provisions available from 1 July 2016.
Checking the score: Working with Children’s Checks and Sporting Clubs
Sporting clubs and incorporated associations need to make sure that paid workers and volunteers who engage in “child-related” work have a valid Working with Children Check.
Can a retention of title clause constitute a security interest?
In this case, the Federal Court held that including a retention of title clause in standard terms and conditions is sufficient to give rise to a security interest and provide a defence to a recovery claim by a liquidator.
Recent award nomination recognises Harwood Andrews as a trailblazer in the legal industry
Harwood Andrews has once again been recognised as a leader in the Australian legal industry through their recent nomination as a finalist in the 2016 Lawyers Weekly Australian Law Awards.
Is your Rates Notice for 2016/17 fair and reasonable?
From 1 January 2016 the process of revaluing all Victorian properties commenced. The new values will form the basis upon which you are charged municipal rates and land tax. If you have received a rates notice and disagree with the value assigned to your property you have the right to lodge an objection with council within 2 months of the date stated on the rates notice.
Deceased Estates – Commonly Asked Questions
A deceased person’s ‘estate’ includes assets such as property, bank accounts and investments. The deceased person may also have liabilities including a mortgage, credit cards or other loans that need to be repaid.
Is online defamation different to print defamation?
The law of defamation traditionally relates to printed statements, such as a newspaper articles or ‘tell-all’ books. However, defamatory statements are increasingly made online and can be accessed repeatedly by readers.
Has your private information been exposed in alleged census hack?
The Office of the Australian Information Commissioner has announced that it is launching an investigation into the Australian Bureau of Statistics for potential breaches of the Privacy Act 1988 (Cth).
The Olympics are on - is everyone watching?
Rio 2016 began with a typically extravagant opening ceremony on Saturday morning AEST. Unfortunately however, according to the Sydney Morning Herald, Channel Seven's 9.00am broadcast of the event averaged only 2.25 million regional & metropolitan viewers, the lowest rating opening ceremony since 2001 when the OzTam rating system began.
Control it or lose it: authorised use under trade mark licence agreements
In a recent decision, the Full Federal Court has found that trade mark owners can lose their registrations if they do not exercise proper control over their licensees.
Cashing out annual leave
The Fair Work Commission has handed down a decision that will allow most employees to cash out some of their annual leave entitlements. These changes to modern awards apply from the first pay period on or after 29 July 2016.