Articles
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03 May 2016
Public Liability
Managing the risk from footpath defects and negligence claims: wh…
Councils have had immunity from negligence claims concerning defective footpaths if they had no knowledge of the defect.
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03 May 2016
Dispute Resolution & Advisory
Between a rock and a hard place: how to deal with a payment withh…
Payment withholding requests oblige a council to withhold money from the head contractor so the subcontractor gets paid.
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03 May 2016
Contracts & Procurement
How to make a supply agreement effective through clear KPIs and S…
Key Performance Indicators (KPIs) and Service Level Agreements (SLAs) are common in long-term supply or service agreements.
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03 May 2016
Environment & Planning
Why you can't rely on a savings provision in a Local Environmenta…
Councils should exercise caution when relying on savings provisions in an LEP, according to this recent LEC decision.
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27 April 2016
Workers Compensation
Workers Compensation Commission determines meaning of "paramedic"
The meaning of the term "paramedic" denotes an employee who has been "classified" as a paramedic by virtue of the Award
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26 April 2016
Workplace Law & Culture
Don't be so thin-skinned: not all social media posts lead to dism…
This decision highlights important features of the unfair dismissal regime and provides guidance on social media misuse.
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18 April 2016
Workplace Law & Culture
LinkedIn to your goodwill: a de-facto client list for departing e…
We examine recent decisions and measures business can take to protect its goodwill from misuse by a departing employee.
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11 April 2016
Superannuation
ATO ready to audit SMSFs with LRBAs not financed by a bank
SMSF trustees and advisors must place non-bank LRBAs on terms that meet the ATO Guidelines to avoid ATO audit risk.
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05 April 2016
Workplace Law & Culture
Would you make a new mother redundant while on parental leave fro…
Employers need to be able to manage workplace restructuring while balancing obligations to employees on parental leave.
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10 March 2016
Contracts & Procurement
Less than 9 months to comply with the unfair contracts regime? Th…
With the extension to small business contracts, the scope of the unfair contract terms regime will widen considerably.
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07 March 2016
Dispute Resolution & Advisory
Protecting your hard earned business property: Restraint of Trade…
Restraint of trade clauses are void unless reasonable in the interests of the parties and in the interests of the public.
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03 March 2016
Dispute Resolution & Advisory
The currency of Bankruptcy - the case of Nathan Tinkler
This decision is a warning for businesses engaged in cross-border trade where debts are expressed in a foreign currency.
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10 February 2016
Trusts
Trust disputes and legal professional privilege claims by trustee…
This case provides a useful summary of the NSW law in relation to claims for legal professional privilege by trustees.
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08 February 2016
Workplace Law & Culture
Divergent approaches: determining when a contractor is an employe…
These decisions create further uncertainty as to the approach in determining if a worker is an employee or contractor.
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16 December 2015
Workplace Law & Culture
Managing workplace conflict: a legal and psychological perspectiv…
Employees and managers both need far more support to understand, effectively manage and respond to conflict at work
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07 December 2015
Wills & Estate Planning
Same household and dependency will challenge fails
The family provision challenge to the Will by two nieces looks at issues of same household, dependency and other factors.
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07 December 2015
Workplace Law & Culture
Independent contracting (in an employment relationship) out for a…
The High Court restated that an employee is an employee and does not become an independent contractor just by saying so.
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02 December 2015
Workers Compensation
WIRO (WorkCover Independent Review Office) procedural review exam…
This Court decision examines the powers of WIRO to set aside a work capacity decision (WCD) by way of procedural review.