Legal Updates

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…

View Update

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’…

View Update

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…

View Update

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…

View Update

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…

View Update

Why should I have a will?

This is a common question people ask us.  There are a number of reasons why you should make a will.  What motivates one person may not motivate another.  However, there are three essential reasons why you should make a will. A will allows you to: distribute your assets in accordance with your wishes; appoint an…

View Update

Time is NOT a Traveller: A Builder’s Right to Fix

A recent decision of the District Court of South Australia considered a home builder’s right under the Building Work Contractors Act 1995 (SA) (BWCA) to an order that it fix defects instead of paying a homeowner to have someone else do it. The decision, even after a long period had passed since the building defects emerged, was…

View Update