Legal Insights
No flexibility in legislative compliance – FWC hands down its first flexible working arrangements dispute decision
On 10 November 2023, the Full Bench of the Fair Work Commission (FWC) handed down its first decision under sections 65B and 65C of the Fair Work Act 2009 (Cth) (Act) which deals with disputes about requests for flexible working arrangements.
Collaborating with Professional Advisers to Reach a Family Law Property Settlement
Separations can often be quite complex giving rise to many issues that result in family lawyers needing to collaborate with solicitors in other practice areas (such as commercial or superannuation law), but we can also be greatly assisted by the parties’ professional advisers.
Constructing a fair contract can save you millions
From 9 November 2023, major amendments apply to the unfair contract term (UCT) regime. The UCT regime applies to standard form contracts entered with consumers and small businesses, and attracts significant penalties.
A closer look at related party reporting for charities
Not-for-profit organisations and charities registered with the Australian Charities and Not-for-profits Commission (ACNC) often engage in agreements and arrangements with individuals or entities with whom they share pre-established connections or a common interest, particularly when starting out.
LAND PURCHASERS TO BENEFIT FROM LAND TAX AND WINDFALL GAINS TAX EXCLUSIONS ON SALE
Legislation in Victoria has now passed the Legislative Assembly to prohibit a vendor from passing on an existing land tax or windfall gains tax liability to a purchaser on sale of land. Subject to the legislation passing unamended in the Legislative Council and receiving Royal Assent, the changes will take effect 1 January 2024.
Recent VCAT ruling heightens stamp duty risk in capital raisings
A recent VCAT decision has served as an important reminder for those undertaking capital raising for funds investing in real property, including for development.
Industrial and Workplace Relations Update – Closing Loopholes Bill (Part 1)
A third piece of legislation has now been introduced to Parliament by the Government in the form of the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Bill). It follows the ‘Secure Jobs, Better Pay’ and ‘Protecting Worker Entitlements’ legislation which are both now in operation.
The Bill as its title suggests intends to close loopholes existing in the Fair Work Act 2009 (Cth) (Act) which allow underpayment and substandard conditions to be imposed on a range of workers. This article highlights the key changes proposed by the Bill relating to employment relationships that both employers and employees ought to be aware of, should the Bill be made into law.
Family Farm Transfer Exemption – Transferring the Family Farm to related Parties
Farmland is often the single most valuable asset for a farming family. The farm provides a base from which to operate the farming business and the capital value of the farmland typically increases in value over the long term.
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Set-Off Denied: Court Rules on Creditor's Claim in Metal Manufactures Pty Limited v Morton [2023] HCA 1
A creditor owed money in a liquidation is not entitled to set off that debt against any amount it is found to owe to the company under unfair preference provisions (and arguably other amounts payable to a company in liquidation which are recoverable pursuant to a liquidator’s statutory powers)
Can I keep it?: Inheritances in Family Law Property Settlements
Many Australians may have received, or are set to receive, some type of inheritance in their lifetime. Thanks to the general rise in property prices over the last 30 or so years, such an inheritance may be significant.
Stamp duty exemption - transfer from discretionary trust to beneficiary
Ordinarily, land transfer duty (stamp duty) is paid by the transferee at the time of the transfer of dutiable property, such as real property, unless an exemption to stamp duty is applicable.
Harwood Andrews planning team preserves the unique Portarlington foreshore reserve for the second time.
The Victorian Civil and Administrative Tribunal (VCAT) has once more rejected proposals for a multi-tiered residential and commercial project in Portarlington.
Director held personally responsible for $1.2 million cladding repair costs in Victoria
On 24 August 2023, the County Court of Victoria handed down its decision in Owners Corporation I Plan No PS 707553K and Ors v Shangri-La Construction Pty Ltd (ACN 130 534 244) and Anor [2023] VCC 1473.
Outcomes from the Fair Work Commission’s first sexual harassment dispute matter
An outcome has been reached in one of the Fair Work Commission’s (FWC) first sexual harassment dispute cases, which involves a new method to deal with sexual harassment disputes within the FWC introduced earlier this year as part of the ‘Secure Jobs Better Pay’ amendments to the Fair Work Act 2009 (Cth) (Act).
Harwood Andrews Wills and Estates Practice Recognised in Doyles Guide, Victoria 2023
Harwood Andrews is delighted to have been identified by clients and peers for expertise and abilities in the 2023 Doyles Guide, Victoria.
Latest PABO developments. Does a social media post constitute protected action?
To understand what a Protected Action Ballot Orders or PABO is, we must first consider it through the prism of industrial action.
Harwood Andrews Geelong Office Refurbishment & Temporary Relocation
Harwood Andrews are delighted to announce that our Geelong office is set to commence a state-of-the-art refurbishment in conjunction with Up Property in the coming weeks. This year, Harwood Andrews celebrates its 30th year at our 70 Gheringhap Street location.
Woman fired after a cyber review into her work from home activity showed she wasn’t typing enough
The Fair Work Commission (FWC) has recently handed down an unfair dismissal decision in Suzie Cheikho v Insurance Australian Group Services Limited [2023] FWC 1792. This decision serves as a reminder to employees that they must still attend to their expected duties and ‘work’ when working from home.
What is a Financial Agreement in Family Law?
A Financial Agreement, or sometimes also called a Binding Financial Agreement, is a document, similar to a private contract, between the parties in a family law matter.
The intention of a Financial Agreement is to remove the Federal Circuit and Family Court of Australia’s jurisdiction in relation to the financial arrangements of the parties upon their separation, or to address specific issues between them.
The second round of workplace and industrial relations reforms under the Albanese government have passed
The second round of workplace and industrial relations reforms under the Albanese government have passed – the Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 (Cth)