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Amelita Hensman2018-06-19T01:09:38+11:00

How Secure is Your Legal Relationship?

In any business arrangement it is important to  ensure the legal relationship between the various interests is carefully defined and documented. In the Hollywood blockbuster movie, The Social Network, the undefined relationship between co­ founders Mark Zuckerberg and Edwardo Saverin led to litigation which fortunately for [...]

February 26th, 2019|Categories: Commercial|

Asset Protection

Protecting your hard-earned assets from legal liabilities and claims makes a lot of sense and involves forward thinking and planning. Ideally, you would like to ensure that your wealth-creation structures are separated from "risky business". Any entity conducting business is at risk because of the nature [...]

February 22nd, 2019|Categories: Commercial, Corporate, Insolvency|

Beware of Warranties and Representations in a Sale of Business – Vendors may be ordered to repay significant amounts

In the context of a sale of business, careful consideration must be given to warranties contained in the sale of business agreement, along with any representations made about the present and future performance of the business.  Unwary vendors may find themselves defending Court proceedings for breach [...]

February 19th, 2019|Categories: Commercial|

Employees terminated due to the “ordinary and customary turnover of labour” – Do employers need to make redundancy payments when they lose key contracts?

In the recent decision of Fair Work Ombudsman v Spotless Services Australia Ltd [2019] FCA 9, the Federal Court found that three employees terminated after Spotless lost a key contract with Perth International Airport were owed redundancy pay, despite Spotless asserting that an exception applied.General principles [...]

February 18th, 2019|Categories: Employment Law|

Banking Royal Commission Final Report – Implications for the Financial Planning Industry

The Final Report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry was handed down on 4 February 2019. The Commissioner, the Honourable Kenneth Madison Hayne AC QC, outlined a number of key recommendations to address the issues identified by [...]

February 11th, 2019|Categories: Commercial|Tags: |

Casual Employment – New amendment to mitigate against ‘double dipping’ outcomes for employees

Employers have recently received some legislative support with regards to casual employees who successfully claim for accrued annual leave and other permanent benefits. As discussed in our recent article on the decision of WorkPac Pty Ltd v Skene [2018] FCAFC 131, an employee may successfully [...]

February 4th, 2019|Categories: Employment Law|Tags: , , |