Australia: The GST withholding regime starts July 2018 - a look at the...
The legislation requires purchasers to remit the GST element of the purchase price directly to the ATO at settlement.
View ArticleAustralia: Breaking up is hard to do - communicating termination of...
Dismissing an employee by phone, text or email is not an appropriate means of communicating such a serious decision.
View ArticleAustralia: Privacy - it is the business of everyone - Swaab Attorneys
If you comply with the Australian privacy laws and principles, you would comply with many of the GDPR requirements.
View ArticleAustralia: Salicious facts, important principles - Swaab Attorneys
Unfair dismissal cases with solicitous facts get attention AND sometimes lead to useful legal observations with broad application.
View ArticleAustralia: School holiday time - Swaab Attorneys
"Significant and substantial time" allows a child time with a parent on weekends, holidays and days during the week.
View ArticleAustralia: Whats in a name - in family law? - Swaab Attorneys
Parents can change their names, but to change a child's name, both parents should consent and sign the Registry forms.
View ArticleAustralia: The AHRC and criminal record discrimination: A toothless tiger -...
The recent AHRC report into discrimination in employment on the basis of criminal record garnered much media attention.
View ArticleAustralia: Everyone lies in their job application . so can I fire them? -...
This decision is useful for employers who find that an employee has been deliberately dishonest in their job application.
View ArticleAustralia: Establishment fees in private financing transactions - Swaab...
In this recent Victorian appeal case, the court found the establishment fee charged for the loan to be a penalty.
View ArticleAustralia: Right to terminate contracts for insolvency - Swaab Attorneys
The right to terminate a contract is now not enforceable if it is triggered by a party suffering an insolvency event.
View ArticleAustralia: Incapacity dismissals where the employer is alleged to have caused...
Employers should obtain a clear medical opinion when making decisions relating to an employee's capacity to perform work.
View ArticleAustralia: Do you have to pay an employee when their own conduct prevented...
He could not return to work until his driver licence was reinstated, so there was no contractual entitlement to wages.
View ArticleAustralia: Alcohol and family law parenting proceedings - Swaab Attorneys
This article considers some recent family law cases where alcohol was raised as an issue in parenting proceedings.
View ArticleAustralia: The Weinstein Clause: What is it? Could it be coming to Australia?...
Such clauses, which relate to the behaviour of senior management, are often being included in business sale agreements.
View ArticleAustralia: Resigning from your employment - can you withdraw your...
Key test it seems is whether a real intention to resign can be discerned and the apparent state of mind of the employee.
View ArticleAustralia: Dismissing senior employees - the pitfalls to avoid - Part 1 -...
This two part article provides some practical guidance on the termination of senior executives.
View ArticleAustralia: Dismissing senior employees - the pitfalls to avoid - Part 2 -...
Examination of legal claims senior staff can bring on termination of employment and how employers can safeguard against them.
View ArticleAustralia: 5 Lessons directors of SMEs can learn from failures in the banking...
Failures in governance are not just limited to the financial services industry - 5 key lessons for SMEs.
View ArticleAustralia: Casual employment: The new rules of engagement - Swaab Attorneys
Many casual employees are miscategorised and therefore may have valid claims for entitlements associated with permanency.
View ArticleAustralia: Abuse from the general public: The obligations of employers -...
Employers need to balance feedback from the general public with their duty to protect the health and safety of employees.
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