Legal Insights
Respect@Work legislation has passed – what this means for workplaces
On 28 November 2022, the Government passed the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022, marking a commitment to implement the recommendations coming out of the 2020 Sex Discrimination Commissioner’s Respect@Work Report (the Report).
60 seconds with…Allison Tansley
There are many examples of people who have studied and practised planning, that go on to study and practice planning law. Less common is the approach that Allison Tansley has taken, where she studied law at Monash University and then undertook a Master of Urban Planning at Melbourne University, before working as a Planner in local government and the private sector. Spend 60 seconds with Allison.
What is reasonable and enforceable when dealing with post-employment restraint clauses?
In the recent case of McMurchy v Employsure Pty Ltd; Kumaran v Employsure Pty Ltd [2022] NSWCA 201, the Court of Appeal of New South Wales upheld a decision that a 6 month post-employment restraint was reasonable and enforceable against an employee who joined a competitor business, along with restrictions on the employee’s conduct during employment.
Upcoming workplace relations changes following the Jobs and Skills Summit
The Federal Government in September hosted the Jobs and Skills Summit which brought together representatives from key sectors of business, unions and education to consider the challenges and opportunities facing the Australian economy and workplace relations.
Business Valuations in Family Law Property Settlements
Business interests often form part of the asset pool available for division in a family law property settlement. It may be a business that has been built by one or both of the parties to the family law matter, such as a family business, or a business owned by way of a partnership or a company with third parties.
New Mental Health and Wellbeing Act comes into operation
Mental Health considerations and responses have been a major government initiative for some time and this has only been amplified since the onset of COVID-19.
Harwood Andrews Wills and Estates Practice Recognised in Doyles Guide, Victoria 2022
Harwood Andrews is delighted to have been identified by clients and peers for expertise and abilities in the 2022 Doyles Guide, Victoria.
Succession Planning with Digital Assets
Not so long ago, the possessions that people left to their estate after passing away were physical and tangible like cars, cash or jewellery. These days however people produce a significant digital footprint consisting of accounts, profiles, and digital assets. New assets and investments such as cryptocurrencies, NFTs, loyalty program accounts and social media accounts are all changing the succession planning process. Existing tools like Wills and trusts remain effective to deal with these digital assets.
Introduction to Decentralised Autonomous Organisations (DAOs)
A DAO creates an ‘organisation’ by establishing relationships between people software that operates on the blockchain. A DAO uses the capabilities of smart contracts and decentralised technology to streamline and enhance its decision-making processes.
Key Terms In Your Publishing Contract – What you need to know
Receiving an offer from a publisher is an exciting moment. Nothing quite compares to the thrill of knowing that one day your work may be seen in print.
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.