Small companies or family business must ensure estate planning can cope with death of a sole director and shareholder.
Australia: What happens when the sole director and shareholder of a company dies? - Swaab Attorneys
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Australia: Are dismissals genuine redundancies when employees have rejected a pay cut? - Swaab Attorneys
Employers are well advised to tread carefully when dealing with such a scenario, to avoid unfair dismissal claims.
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Australia: No ring, not binding? De facto relationships and family law - Swaab Attorneys
When parties separate, whether married or de facto, the same laws apply in relation to the division of their property.
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Australia: Franchisors beware: ACCC report highlights actions taken against franchisors - Swaab Attorneys
It highlights the enforcement actions it has taken against franchisors for breaches of the Franchising Code of Conduct.
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Australia: Employment Law Myth No. 1: It is illegal to give a bad reference - Swaab Attorneys
There is no general obligation at law to give an employee (or former employee) any sort of reference – good or bad.
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Australia: Some observations on the aproach to valuations, land tax claims and the actual use of land in New South Wales - Swaab Attorneys
This case related to the acquisition of land for the construction of the St Peters Interchange section of 'Westconnex'.
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Australia: Is a transfer granting easement enough to satisfy a deferred commencement condition? - Swaab Attorneys
The case confirms it is reasonable for the easement to be registered before the operation of the development consent.
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Australia: Approach to classifying NSW land as Residential or Business is confirmed - Swaab Attorneys
This case conformed that it is not necessary to have a building ready for occupation to classify it as "residential".
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Australia: A condition using the term - Applicant - can impose a restriction related to the identity of the user only - Swaab Attorneys
A more careful examination of conditions of development consent is required and the term 'Applicant' should be avoided.
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Australia: Construction related impacts should be considered in staged development applications - Swaab Attorneys
The NSW Government has now released a draft Bill for concept proposals, in response to this Bay Simmer decision.
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Australia: Trade mark protection against parallel importers - Swaab Attorneys
Parallel importation may not be an infringement of the trade mark rights of an overseas manufacturer in Australia.
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Australia: Do Outer Limits employment contracts have a future? - Swaab Attorneys
There should be cogent business reasons for the use of these contracts (other than to avoid unfair dismissal claims).
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Australia: Workplace surveillance in NSW: Having a computer surveillance policy is a mandatory requirement - Swaab Attorneys
As well as an appropriate policy, any employees must be given at least 14 days' written notice of computer surveillance.
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Australia: Employment Myth No.3: An oral contract is not worth the paper it is written on! - Swaab Attorneys
Oral contracts – verbal agreements as to how much an employee is paid, or his duties at work – can be binding at law.
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Australia: Employment Law Myth No. 4: If there is an ABN, it is an independent contractor - Swaab Attorneys
The approach courts would take is to look at the relationship as a whole to determine the contractor/employee conundrum.
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Australia: Employment Law Myth No.5: If they are not performing well, I can just extend their probation - Swaab Attorneys
Probationary periods are not concepts recognised by the unfair dismissal provisions in the Fair Work Act 2009.
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Australia: Employment Law Myth No 6: If I pay them a salary, the award does not apply - Swaab Attorneys
Paying an annual salary does not avoid a need to comply with terms of the award dealing with non-monetary entitlements.
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Australia: Employment Law Myth No.7: There is no point having a restraint of trade in an employment contract - Swaab Attorneys
Courts will, and frequently do, prevent former employees from acting in breach of their contractual restraints.
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Australia: Unusual wills and where to find them: What makes a valid will in NSW? - Swaab Attorneys
Before getting creative with your will, these are five considerations about what does and does not make a valid will.
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Australia: Redundancies: New case sheds some light on consultation and redeployment obligations - Swaab Attorneys
If an employer has not complied with consultation requirements, the shield of "genuine redundancy" may not be available.
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More Pages to Explore .....
