Casuals converting to permanent employment – can it be done?

By on 10 August 2017 in Employment Law with 0 Comments
Casuals converting to permanent employment – can it be done?

The Fair Work Commission reviews modern awards every 4 years to make sure the awards continue to provide a fair and minimum safety net to employees. In the most recent review, the Fair Work Commission decided that all awards should provide a right for casual employees to convert to part-time or full-time permanent employment in […]

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Protecting yourself when you provide goods on credit

By on 27 July 2017 in Personal Property with 0 Comments
Protecting yourself when you provide goods on credit

What is the Personal Property Securities Register (PPSR)? The PPSR is a real time online national register on which secured parties such as financiers and suppliers can register their security interests in personal property. A ‘security interest’ is defined in the Personal Property Securities Act 2009 (PPSA) as an interest in personal property that secures […]

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Trustee Resolutions – Tips and Traps

By on 13 September 2016 in Asset Protection with 0 Comments
Trustee Resolutions – Tips and Traps

The trustee of a trust or superannuation fund must document certain decisions. This obligation arises under their trust or superannuation fund deed, or because of trust, superannuation or tax legislation. Unfortunately, it is often the case that even basic decisions are not appropriately documented. This can have disastrous legal and financial consequences that are not […]

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SMSF Alert – Related party transactions and payroll tax grouping

By on 15 July 2016 in Asset Protection with 0 Comments
SMSF Alert – Related party transactions and payroll tax grouping

Key points of this article A recent Queensland Supreme Court decision means that self-managed superannuation funds (“SMSFs”) with related party dealings can potentially be grouped for payroll tax purposes. This has potentially significant consequences for anyone using SMSF as an asset protection strategy when assets are related to a business If a SMSF is grouped with […]

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Unfair Dismissal is no child’s play

By on 23 May 2016 in Employment Law with 1 Comment
Unfair Dismissal is no child’s play

At Kirralee Kindergarten, a teacher was dismissed after children escaped from the kindergarten. The teacher made an unfair dismissal application and the Fair Work Commission found that the dismissal was unfair. Background Three days prior to the dismissal, two young children escaped from the kindergarten without detection and walked down the street to a nearby […]

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Are you ready to franchise your business?

By on 26 April 2016 in Franchising Law with 0 Comments
Are you ready to franchise your business?

Setting up a Franchise system is not easy and straightforward. However, while initially overwhelming, once established and operating effectively it has great benefits and significant rewards. If you have been considering franchising your business, and you are not sure where to start, we recommend that you ask yourself the following questions: “Is my business profitable […]

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Implementing Redundancy Schemes

By on 21 March 2016 in Employment Law with 0 Comments
Implementing Redundancy Schemes

In the recent case of CFMEU v Port Kembla Coal Terminal Ltd (No 2) [2015] FCA 1088, the Federal Court reiterated the importance of adhering to procedural fairness and both statutory and contractual compliance in the implementation of redundancy schemes. In this case, Port Kembla Coal Terminal (PKCT) was accused of abolishing a Long Term […]

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What relevance does malicious intent have on defamation proceedings?

By on 8 March 2016 in Defamation with 0 Comments
What relevance does malicious intent have on defamation proceedings?

It is often the case that my clients ask this very question. Unfortunately, it is common for perpetrators to be motivated by malice when publishing defamatory material and proof of a malicious intent serves to render useless some of the defences that could be relied upon by a defendant in defamation proceedings. How to prove […]

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