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Australia: The GST withholding regime starts July 2018 - a look at the transactions to which it will apply - Swaab Attorneys

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The legislation requires purchasers to remit the GST element of the purchase price directly to the ATO at settlement.

Australia: Breaking up is hard to do - communicating termination of employment - Swaab Attorneys

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Dismissing an employee by phone, text or email is not an appropriate means of communicating such a serious decision.

Australia: Privacy - it is the business of everyone - Swaab Attorneys

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If you comply with the Australian privacy laws and principles, you would comply with many of the GDPR requirements.

Australia: Salicious facts, important principles - Swaab Attorneys

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Unfair dismissal cases with solicitous facts get attention AND sometimes lead to useful legal observations with broad application.

Australia: School holiday time - Swaab Attorneys

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"Significant and substantial time" allows a child time with a parent on weekends, holidays and days during the week.

Australia: Whats in a name - in family law? - Swaab Attorneys

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Parents can change their names, but to change a child's name, both parents should consent and sign the Registry forms.

Australia: The AHRC and criminal record discrimination: A toothless tiger - Swaab Attorneys

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The recent AHRC report into discrimination in employment on the basis of criminal record garnered much media attention.

Australia: Everyone lies in their job application . so can I fire them? - Swaab Attorneys

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This decision is useful for employers who find that an employee has been deliberately dishonest in their job application.

Australia: Establishment fees in private financing transactions - Swaab Attorneys

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In this recent Victorian appeal case, the court found the establishment fee charged for the loan to be a penalty.

Australia: Right to terminate contracts for insolvency - Swaab Attorneys

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The right to terminate a contract is now not enforceable if it is triggered by a party suffering an insolvency event.

Australia: Incapacity dismissals where the employer is alleged to have caused the incapacity - Swaab Attorneys

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Employers should obtain a clear medical opinion when making decisions relating to an employee's capacity to perform work.

Australia: Do you have to pay an employee when their own conduct prevented them from performing their job? - Swaab Attorneys

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He could not return to work until his driver licence was reinstated, so there was no contractual entitlement to wages.

Australia: Alcohol and family law parenting proceedings - Swaab Attorneys

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This article considers some recent family law cases where alcohol was raised as an issue in parenting proceedings.

Australia: The Weinstein Clause: What is it? Could it be coming to Australia? - Swaab Attorneys

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Such clauses, which relate to the behaviour of senior management, are often being included in business sale agreements.

Australia: Resigning from your employment - can you withdraw your resignation? - Latest developments - Swaab Attorneys

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Key test it seems is whether a real intention to resign can be discerned and the apparent state of mind of the employee.

Australia: Dismissing senior employees - the pitfalls to avoid - Part 1 - Swaab Attorneys

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This two part article provides some practical guidance on the termination of senior executives.

Australia: Dismissing senior employees - the pitfalls to avoid - Part 2 - Swaab Attorneys

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Examination of legal claims senior staff can bring on termination of employment and how employers can safeguard against them.

Australia: 5 Lessons directors of SMEs can learn from failures in the banking sector - Swaab Attorneys

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Failures in governance are not just limited to the financial services industry - 5 key lessons for SMEs.

Australia: Casual employment: The new rules of engagement - Swaab Attorneys

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Many casual employees are miscategorised and therefore may have valid claims for entitlements associated with permanency.

Australia: Abuse from the general public: The obligations of employers - Swaab Attorneys

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Employers need to balance feedback from the general public with their duty to protect the health and safety of employees.
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