Legal Updates

A Phoney Will (Part 2)

A few months ago we wrote about a case in Queensland involving a woman on her death bed in hospital filming her testamentary intentions on a mobile phone. The recording of the Will was observed by two independent adult witnesses who did not benefit under the Will and there were no issues surrounding the testator’s…

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Employers beware of forced resignations

In Choukrallah-Kazemi v Singapore Airlines Limited [2018] FWC 2277, an employee made an application to the Fair Work Commission (FWC) claiming that he was forced to resign from employment with Singapore Airlines Limited (SAL). The employee claimed that a contraction in his role from a national one to one that was Sydney specific constituted a significant demotion and…

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Whistleblower protection changes on the way. Are you ready?

The importance of protecting whistleblowers has long been recognised however, the statutory whistleblower regime in Australia has often been criticised as piecemeal, inadequate, and unclear. On 7 December 2017, the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2017 (Bill) was introduced into Parliament to consolidate and broaden the existing whistleblower protection regime in the corporate,…

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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…

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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…

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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…

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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…

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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…

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