Legal Updates

Sale of Business – Liability for Employee Entitlements (part two)

The allocation of liability for accrued employee entitlements requires careful treatment  in the sale and purchase of a business. Last month we published the first part of this article. This second part finishes with an analysis of entitlements of directors and casual employees, income tax adjustments and sales of companies. Directors’ leave entitlements It is…

View Update

A phoney Will

The outcome of a recent Queensland case may potentially impact the way people record their dying wishes. This landmark case, the first of its kind, involves a woman on her death bed in hospital filming her testamentary intentions on a mobile phone.  The underlying question is does this constitute a legally valid Will?  If decided…

View Update

Let the games begin!

The 2018 Gold Coast Commonwealth Games kick off on 4 April, and companies everywhere are on their marks and getting set to go with related media and radio advertisements, as brands try their best to win the hearts and minds of Australians through their association with our favourite sporting heroes. The commercial attention and national…

View Update

Same sex marriage and wills

With the recent legalisation of same sex marriage in Australia it is imperative for those in same sex relationships, who are intent on marrying, to review their Wills and estate planning generally. Section 20 of the South Australian Wills Act 1936 provides that a person’s Will is automatically revoked upon marriage, unless that Will is…

View Update

Binding Death Benefit Nominations and Self-Managed Superannuation Funds

Self-Managed Superannuation Funds (SMSFs) are an increasingly prevalent component of a client’s estate planning.  One of the tools people use to construct an estate plan are Binding Death Benefit Nominations (BDBNs).  BDBNs ensure that your superannuation benefits are distributed in accordance with your wishes after your death.  That is, they bind the trustee of your…

View Update

Sale of business – liability for employee entitlements

The allocation of liability for accrued employee entitlements requires careful treatment in the sale and purchase of a business. Some potential buyers of a business have the misapprehension that the seller can terminate all employees and pay them out  their entitlements so that the purchaser can re-hire them with a clean slate. However, various laws…

View Update

Notifiable data breaches

Worried about a ‘notifiable data breach’ (‘NDB’)?  Don’t be. The sky is not falling in. The new scheme comes into effect today and is potentially far reaching, but in practice is not a game-changer. So what does it all mean? From 22 February 2018, organisations (including businesses, charities, NFPs) which may handle personal information (PI)…

View Update

#MeToo movement gains momentum in Fair Work Commission

Two recent decisions by the Fair Work Commission (FWC) suggest that the #MeToo movement is gaining momentum in the employment law sector. In Carmelo Sapienza v Cash in Transit Pty Ltd T /A Secure Cash [2018] FWC 607, (Carmello decision) the FWC indicated that it was willing to forgive manifest failures of procedural fairness in…

View Update