Legal Updates

What happens to your superannuation when you pass away?

After you die, your superannuation does not automatically form part of your estate to be distributed by your will.  This is because your superannuation is held in a trust by your superannuation fund.  So what happens to your superannuation in the event you pass away? Upon your death, your superannuation fund can pay your superannuation…

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Unfair contract terms for small businesses

From 12 November 2016, standard form small business contracts will be covered by the current regime for unfair contracts. Between now and then, the regulator (ACCC) expects businesses to review their standard form small business contracts to ensure that there are no unfair terms and to take action if there are. What is a small…

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Don’t get too Casual about redundancy payments – all service counts

The decision in AMWU v Donau Pty Ltd [2016] FWCFB 3075 has set a new precedent that a permanent employee’s initial service as a casual employee will count towards the calculation of their redundancy payment. By way of background, the Fair Work Act 2009 (Act) provides that an employee’s redundancy pay is calculated on their…

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Trade mark fee changes

IP Australia is changing trade mark fees from 10 October 2016. The good news The registration fee of $300 (payable when a mark is accepted and about to be put on the Register) will be abolished. Also to be abolished are fees for opposing a trade mark application. The bad news Fees for filing a…

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FWC supports Uber strict approach to employee’s unauthorised second job

Earlier this month, the Fair Work Commission (FWC) upheld an employer’s decision to dismiss an employee who was moonlighting as an Uber driver. In Jacob v West Australian Newspapers Ltd T/A The West Australian [2016] FWC 5382, the Applicant had worked for the Respondent since 2001 and was employed under an employment contract containing the…

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