Transferring tax liabilities between spouses in family law proceedings
In a recent case, the Family Court of Australia has ruled that it may make orders as part of a property settlement requiring the Commissioner of Taxation to substitute for...
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Relocating with children when in the defence force
In the recent case of Wendland [2017] the Court gave permission for a mother to relocate with a child wherever the Mother was posted by the Australian Defence Force. Click...
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Criminal law changes result in abolished committal hearings
On 30 April 2018 changes were implemented to the Criminal Procedure Act 1986 (NSW) which resulted in contested Committal Hearings being removed from the NSW justice system. Click here for...
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Should I put an employee on Gardening Leave following resignation?
Gardening leave is when an employee is directed to not attend work, but to remain available to perform normal duties as required. This prevents an employee from engaging in undesirable...
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How to handle social media defamation
Has defamatory material been published about you on social media? There are important things you should do immediately to properly protect your interests.
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How a judge assesses contributory negligence in a motor vehicle accident
On 29 June 2014 a motorcycle ridden by the claimant collided with a car driven by the defendant. The car was in the process of turning right into the driveway...
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Are you entitled to annual leave?
Employers with casual employees need to ensure that these arrangements are properly documented, particularly if the employment is regular, systematic and long-term. Otherwise, the employer may face the prospect of...
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Dismissing Employees on Medical Grounds: What to consider
Employers need to make sure the medical reports they rely on when dismissing employees on medical grounds will stand up to the scrutiny of the Fair Work Commission. A recent...
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Misleading and deceptive conduct in recruitment
When recruiting in Australia, employers must be careful of making misleading and deceptive statements when talking to applicants pre-employment. Examples of misleading and deceptive conduct are contained in section 31...
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The procedure for NSW Family Provision claims in 2018
Claims for family provision are managed in the Supreme Court in accordance with the Family Provision Practice Note which sets out the procedure to be followed and is divided into...
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