Legal Updates

Problems facing unlicensed builders and suing in quantum meruit

The 2018 Adelaide Magistrates’ Court decision of Marisha Nominees Pty Ltd & Anor v Daw [2018] SAMC 12 (Daw) (upheld on appeal to the Supreme Court: Marisha Nominees Pty Ltd & Anor v Daw [2019] SASC 77) illustrates the importance of builders being appropriately licenced under the Building Work Contractors Act 1995 (SA) (BWCA), and…

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Dismissing an Employee by Text is not on!

Delivering a DCM (Don’t Come Monday) message to an employee by text message is poor form and the Fair Work Commission (FWC) has confirmed that “basic human dignity” requires that a dismissal be conveyed personally. In Thai v Email Ventilation Pty Ltd [2019] FWC4116, an employee who was terminated by text message was found to…

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You don’t have to be a Masterchef to slip up!

The Fair Work Ombudsman (FWO) recently announced that celebrity Chef George Calombaris’ hospitality empire ‘MAdE Establishment Group’ would backpay $7.8 million in wages and superannuation, plus a $200,000 “contrition payment”.  The announcement followed an investigation into underpayment of wages affecting approximately 500 employees over 6 years across the restaurant chain. Calombaris was a director of…

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New gift card expiry laws – are you affected?

Last December there was a subtle change to the law around gift cards and vouchers in South Australia. These must now have an expiry date of at least 3 years from their date of issue. The new law targets the familiar ‘monetary gift card’, such as a Coles Myer voucher, Woolworths e-gift card, etc.  Apple…

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Family Trusts – Challenging Trustees’ Discretionary Decisions

In a legal update last year, I wrote about the case of Mercanti v Mercanti on the matter of control and succession of discretionary family trusts.  That illustrated an example where a challenge to the passing of control was unsuccessful. In a recent  Supreme Court of Victoria decision of Trani v Trani decided in 2018,…

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