Legal Updates

Appointing a guardian in your Will

If you have minor children, you can appoint someone in your will to act as their guardians in the event of you passing away. What is the role of a guardian? A guardian is someone who is responsible for the day to day and long term care, welfare and development of your children. Most commonly,…

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Offensive email to clients is definitely a bad career move!

In the case of Georgia Sologinkin v Cosmetic Suppliers Pty Ltd T/A Coty [2017] FWC 1838, the Fair Work Commission affirmed the importance of trust and confidence in the employment relationship and that sending offensive emails to clients will end the employment relationship. In this case, Georgia Sologinkin was employed as Key Accounts Manager of…

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Inheritance claims – Who can make a claim against your estate?

In South Australia, only certain people are entitled under the Inheritance (Family Provision) Act 1972 (“the Act”) to make a claim against another person’s deceased estate. Who is entitled to make a claim? The following persons are entitled to make a claim under the Act: a spouse of the deceased person; a person who has…

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Standard form small business contracts

There has been a significant change in the law affecting small business contracts. Since 2011, consumers have been protected against unfair standard-form contracts which contain unfair terms: now, the the ‘unfair contract’ provisions of the Australian Consumer Law so that they now apply to (some) business-to–business contracts. From 12 November 2016, standard-form ‘small business contracts’…

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The power of ‘mitigating factors’ in rendering a dismissal ‘harsh’

The case of Goodall v Mt Arthur Coal Pty Ltd [2016] FWC 4129 serves as a clear reminder for all employers to enforce their workplace policies consistently. In this case, a mining truck operator won reinstatement after his dismissal from BHP Billiton’s Hunter Valley coal mine (‘Company’) for: excessive use of the mine’s radio channel…

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Don’t be too casual about employee entitlements

In the decision of Skene v Workpac Pty Ltd [2016] FCCA 3035, the Federal Circuit Court found that an employee, engaged as a casual worker and paid a casual loading, was also entitled to annual leave under the Fair Work Act 2009 (Cth) (Act). Background In this case, Mr Skene worked for Workpac Pty Ltd…

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Failing to make PPSA registration costs landlord $460,000!

The decision of Flown Pty Ltd v Goldrange Pty Ltd [2016] WASC 419, handed down just prior to Christmas last year, provides a powerful lesson to businesses that take security over goods which are held by a customer and do not perfect that security interest by registering on the Personal Property Securities Register (PPSR). Upon…

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