Articles
We aim to provide you with proactive and strategic legal and practical advice. Our articles provide a range of interesting and helpful insights on a vast array of topics.
Understanding Foreign Resident Capital Gains Withholding and the Recent Changes
Property Lawyer Michelle Oh looks at the recent changes to the Foreign Resident Capital Gains Withholding, and what this means for sellers and buyers in the Australian property market.
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Preventing Misrepresentation in Recruitment
Australian Consumer Law (ACL) contains protections for prospective employees against false or misleading representations made during the recruitment process. It is critical that employers are aware of this, and how to avoid falling foul of the law, as Anthony Sangster Robles explains.
Federal Court Overturns ATO Position on Trust Distributions: What It Means for Family Trusts
Mitchell Zadow, Managing Principal and Accredited Commercial Law Specialist, reviews a recent case where the Full Federal Court rejected the Australian Taxation Office's long-standing position on how unpaid trust distributions should be treated for tax purposes.
Wage Theft Laws: What Employers Need to Know
Administrative errors and dormant policies can no longer be blamed for the intentional underpayment of wages and other entitlements. Employment Lawyer Anthony Sangster Robles takes a look at Section 327A of the Fair Work Act which rings in serious legal consequences for directors, managers and shareholders found in breach.
Protecting Legal Professional Privilege - Tips and Tricks!
The final article in our three-part series on Legal Professional Privilege (“privilege”) provides some useful tips for ensuring that the privilege in your legal advice and in the material created for and by your lawyer for the purposes of providing legal advice, is protected from inadvertent or deliberate disclosure and thus waiver of the privilege.
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Recent articles
Beware your actions online - What you post can come back to bite!
Authors of online posts have little control of just how far their posts will travel beyond their intended audience. Posting without forethought may give rise to unanticipated and unwanted consequences, as Associate Principal Caroline Callegari explains.
Can annual leave be cashed out?
The Fair Work Commission has now decided that all modern awards should allow for the cashing out of annual leave. Conditions apply!
Going into business with family and friends? What could possibly go wrong!
Starting a business with family members or friends may seem like a good idea. But what happens when the gloss wears off? As shareholders with a financial interest, the fall out can be costly. Caroline Callegari, Associate Principal and Head of our Disputes & Litigation team explains.
Fair Work update: Major changes to Employment Law
Having completed two significant rounds of changes to the Fair Work Act, the Federal Government has introduced a Bill that would result in a third tranche of substantial reforms. Our article provides a handy summary of the recent, and proposed, changes.
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Challenges against a Will: What amounts to "disentitling conduct"?
Our Wills & Estates Law team look at a recent case of ‘disentitling conduct’ where a beneficiary challenged the asset distribution in a Will.
Changes to the rules for 'flexible working arrangements': Employers take note!
Under the Fair Work Act 2009, some employees have a right to request "flexible working arrangements". This is one of the National Employment Standards included in the Act. Flexible working arrangements can include changes to the employee's hours of work, place of work and job structure.
Why do I need a business lawyer?
You've decided to go in to business. Congratulations! You are keen to get started as soon as possible. However, it quickly becomes apparent that there is lots of paperwork to complete, confusing contractual terms to understand and a regulatory framework to navigate. Getting legal advice should be your first step.
Is this the year Insolvency returns to normal (Part 2)?
As the year 2023 draws to a close, Associate Principal Caroline Callegari provides an update on insolvency - has it returned to normal? This latest article provides some answers.
Repudiation and Termination of a Contract
In the business world, the existence of a contract may not always be an ‘iron-clad’ guarantee of performance. Our Litigation team outlines what happens when a contract cannot be honoured by one or more of the parties.
The Privacy Act - is your business compliant?
Customer data is an asset in the world of commerce. Protecting customer information with a robust Privacy Policy can protect not only your customers, but also your business. Associate Principal Caroline Callegari explains.
New Overtime Rates for Professional Employees
The Fair Work Commission has revised the Professional Employees Award 2020. Our article provides a handy summary of the key changes and outlines steps for businesses to take.
What is the LeavePlus Scheme?
LeavePlus, formerly known as Co-Invest is the Construction Industry's Portable Long Service Leave Scheme. The advent of the name change provides a timely opportunity for employers to check whether the scheme applies to your employees and contractors.
