Licence lending – protecting your rights in domestic building contracts
Purchasing or building a new home is often said to be the largest financial commitment an individual or a couple will make in their lifetime. People will take on substantial mortgages in order to build their dream homes or investment properties. Therefore, it is extremely important that you ensure the legal goalposts are set from the beginning and understood by all parties, before signing on the dotted line.
Family Trust disputes – do not ignore The Black Sheep
A trust structure is often recommended to individuals and family business owners by their accounting and legal advisors to distribute income tax effectively and safeguard assets.
Residential tenancy disputes – protecting your rental property investment asset
In a competitive rental market, opportunity exists for residential landlords (‘rental providers’) to maximise their investment by way of rental return or by selling their rental property to realise its capital growth.
A fine balance – directors’ best interest duty
The Australian Institute of Company Directors (AICD) recently engaged prominent Sydney barristers Gerald Ng and Bret Walker AO SC to examine and analyse the current interpretation of directors’ best interest duty by the Australian Courts.
Deliveroo rider not an employee - Fair Work Commission Full Bench overturns previous decision
In another chapter in the recent series of decisions regarding the employment status of gig workers as either independent contractors or employees, the Fair Work Commission Full Bench in Deliveroo Australia Pty Ltd v Diego Franco [2022] FWCFB 156 has overruled a previous decision that a Deliveroo driver was an employee.
The National Construction Code 2022
The National Construction Code 2022 (NCC 2022) is undergoing some significant changes by introducing new requirements that will alter the construction of most houses and apartments. This will likely result in additional costs to home owners.
The procedural importance of effectively dismissing an employee
The Applicant, Mrs Eileen Owens was employed by I-Med Radiology Ltd, the Respondent as a radiographer for more than 13 years until her dismissal in December 2021. In October 2021, the Respondent implemented a policy requiring its employees to be vaccinated against COVID-19, which applied to the Applicant as well as the Queensland Public Health Orders relating to workers in healthcare settings being required to have two doses of the vaccine by 15 December.
Can you be dismissed for failing to agree with your employer?
The recent case of Kristen Gordon v Sens Catering Group Pty Ltd [2022] FWC 1790, considers the issue of what an employer must not do when an employee asks questions.
A guide to common family law terms
Relationship breakdowns and separations can be a stressful time as people navigate their parenting matters, property settlements and establish their ‘new normal’. Being involved in the family law system for the first time often means being exposed to a range of new terminology and legal jargon.
T&Cs and NTFs
What is an NFT?
A Non-Fungible Token (NFT) is a type of digital asset or token of a small piece of data linked to an object, such as a unique image, cartoon or animation.
Sexual Harassment Update
Reminder – what is sexual harassment?
Sexual harassment refers to an unwelcome sexual advance, an unwelcome request for sexual favours, or other unwelcome conduct of a sexual nature in circumstances where a reasonable person would consider that the person harassed would be offended, humiliated or intimidated.
New Wage Rates
Employers should note that the Fair Work Commission (FWC) handed down the 2022 Annual Wages Review Decision on 15 June 2022.
Sacking by email found to be unfair
In the recent decision of Pierce Field v Department Of Finance [2022] FWC 1619 (24 June 2022), the Fair Work Commission (FWC) found that procedural deficiencies (including termination via email) and denial of natural justice outweigh and overrule instances a termination could otherwise be considered valid.
Harwood Andrews Promotions
Harwood Andrews has commenced the 2022/23 financial year by announcing promotions across three areas of practice.
What date are assets valued at in Family Law Property Settlements?
Family law property settlement negotiations and court proceedings can often run for lengthy periods of time. Sometimes there are delays that are outside of the parties’ control. These delays can cause issues when it comes to the time for valuation of the parties’ assets.
Smart Contracts and Smart Legal Contracts – An Overview
Smart contracts are programs stored on a blockchain that self-execute when predetermined conditions are met.
The ATO’s Crypto Tracking and Data Collection Processes
The Australian Tax Office (ATO) has released a statement outlining their priorities ahead of the end of financial year 2021/22, with crypto-assets being one of these priorities due to its rising popularity.
Consider your cyber security
The Australian Cyber Security Centre (ACSC) defines a cyber incident as an unwanted or unexpected cyber security event, or a series of such events, that have a significant probability of compromising business operations.
The Online Safety Act 2021 – what it is and why you should care
The Online Safety Act 2021 (Cth) (Act) came into effect on 23 January 2022. The Act aims to develop the existing regulatory framework and vest the eSafety Commissioner with greater investigative and enforcement powers.
Purchasers Beware – Duty is Now Payable on Late Settlement Interest
If settlement is delayed by the purchaser, through no fault of the Vendor, then interest can be payable by the Purchaser in accordance with the terms of the contract of sale of land (Late Settlement Interest). Late Settlement Interest is normally calculated at 12% per annum of the purchase price.