The modern employment relationship is one which readily sees employers monitoring the output of employees. There are privacy considerations which also come into play when determining what an employer can monitor, with employers required to carefully consider the surveillance methods adopted. There is a balance to be struck between monitoring in an ethical manner, along […]
An important step in the business acquisition process is due diligence. ‘Due diligence’ is really just a fancy term for asking questions and closely reviewing the responses (then sometimes asking even more questions). The key though is making sure that you ask the right questions. There are many types, shapes and sizes of businesses. It […]
When a tenant is considering entering into a retail lease one of the main things that they will need to address is the provision of security to the landlord. In the retail lease context, security refers to the financial arrangements that are put in place to ensure that the tenant meets their obligations under the […]
Workplaces across Australia have been tasked with ensuring that their policies, procedures and practices reflect best practice and that individuals come forward when witnessing inappropriate behaviours that should not occur in any workplace. It is vital that both employers and employees use their best endeavours to create a positive culture in the workplace to ensure […]
A recent Federal Court decision on 28 March 2023 has altered the traditional approach to employees being rostered to work public holidays. It has been common practice in many industries, particularly in retail, manufacturing and coal services, for employees to work public holidays. However, the decision of CFMMEU v OS MCAP Pty Ltd [2023] FCAFC […]
There can be many difficulties that may arise when an individual dies without a will. But when a Sole Director/Shareholder of a company dies without leaving a will the ramifications can be even more significant. The passing of the Sole Director/Shareholder will often leave the company without any individual who is duly authorised to immediately […]
There have been a number of recent changes to the Fair Work Act 2009 (Cth) (the Act) which occurred during late 2022 and will gradually come into effect throughout 2023. One of the primary amendments to the Act which occurred as of 7 December 2022 relates to the prohibition on pay secrecy clauses in employment […]
Modern marketing budgets are spending more and more on social media and in particular the use of ‘social media influencers’ through social media platforms such as Instagram, Facebook and TikTok to endorse, promote and sell goods and services. At times the laws surrounding the engagement of social media influencers have failed to keep up with […]
Discretionary Trusts, also commonly referred to as Family Trusts are often used to hold a family’s assets or to conduct family business affairs. By correctly structing a Discretionary Trust, a number of unnecessary complications and additional costs can be avoided. When establishing a Discretionary Trust, there are several key considerations which the parties to the […]
A recent New South Wales Supreme Court (NSWSC) case has illustrated the importance of employer and employee working relationships and the extent of the employer’s duty of care for events outside of work hours. Troy Matinca (Employee) was employed as a coal miner by Coalroc (Employer) and as part of his employment duties worked extensive […]
