Enduring Power of Attorney – No Big Deal, Or Is It?
Enduring Power of Attorney – No Big Deal, Or Is It? You have just been asked by your elderly parents to become their attorney (representative) under an Enduring Power of Attorney (EPA), as they need help with managing their finances. This EPA will allow you to use your parents’ money to pay bills and withdraw […]
To Drone or Not To Drone
In the last few years, we have seen an ever-increasing number of drones being purchased and used in NSW. One industry that has increased the use of drones is the real estate industry, with agents always wanting to take that best shot to sell a property. Whenever you search realestate.com.au, there is nearly always a […]
The Good or Not so Good, Old Office Romance
Office relationships can present a number of challenges for employers, as discovered by Mr Turnbull with his member from New England, being embroiled in such a romance. Challenges are not just faced by parties in the relationship, but extends to how the relationship impacts on the workplace environment, both while the relationship is ongoing, and […]
Game Changer For Occupational Health And Safety Management
ISO 45001:2018 OH&S management system The world’s much anticipated ISO 45001 International Standard for occupational health and safety (OH&S) has now been published and is set to transform workplace practices globally. ISO 45001:2018, OH&S management system provides a robust and effective set of processes for improving work safety in global supply chains. Designed to help […]
Termination and Medically Unfit for Work
Terminating the employment of an injured employee is notoriously fraught with legal risk. Amongst other things, the employer must establish that the employee cannot perform the inherent requirements of his or her position. This is often not straightforward, and will frequently involve different medial assessments. As we know, not all doctors see eye to eye. […]
Unfair Dismissal and Maximum Term Contracts
In the case of Khayam v Navitas English Pty Ltd, the Full Bench of the Fair Work Commission (FWC)revisited the issue of unfair dismissal in ‘Outer Limit’ employment contracts, also know as maximum term contracts. The Fair Work Act 2009 (Cth) FWA provides that a person is only dismissed, and thus capable of bringing an […]
Bargaining Under the Fair Work Act
On 6 December 2017, the High Court of Australia (HCA) gave an English lesson regarding the language and grammar used in the Fair Work Act (FWA) in the following two cases: Esso Australia Pty Ltd v Australia Workers Union (AWU); and Aldi Foods Pty Ltd v Shop Distributive & Allied Employees Association. Regarding Esso v […]
Contracts and Minors (a person under 18 years of age)
As we stated in our first article, The Basics to Contract Law, that the Common Law generally considers minors not to have the capacity to enter a contract, and any contract entered by a minor is voidable. There are a number of general exceptions to this principle which are outlined below. Contracts for Necessities A contract by […]
Will We Achieve Equality?
The recent postal vote has ascertained the general public’s opinion for same sex marriage, with a resounding opinion that marriage equality should be allowed in Australia. The interesting thing though is, will we achieve equality now that the “yes” vote has been affirmed. There seems to be lots of discussion on introducing new legislation into […]
Market Power
Are you too powerful? Recently the Senate passed the Competition and Consumer Amendment (Misuse of Market Power) Act 2017 (Cth) (“Amendment Act”). Under the Amendment Act, firms with a substantial degree of market power will now need to carefully consider whether any conduct they engage in, or propose to engage in, could have the purpose, […]
