Criminal Record Checks at Work: Relevance, Spent Convictions and Privacy Risks for Employers
Criminal record checks are now a routine feature of recruitment in many industries, and are increasingly considered by employers as part of their broader risk management and compliance frameworks. They are often introduced with practical objectives in mind: the protection of staff and customers, meeting [...]
Set-Off Clauses Challenged – Federal Court Clarifies Award Payment Obligations in a Major Wakeup Call for Employers
A landmark Federal Court decision has confirmed that set-off clauses in employment contracts will not always validly discharge award entitlements. In Fair Work Ombudsman v Woolworths Group Limited [2025] FCA 1092, the Federal Court held that employers cannot average or offset award underpayments across different [...]
Victoria’s new psychosocial health regulations have commenced – Employers are you complying?
Victoria's new psychosocial health regulations have commenced – Employers are you complying? Since 1 December 2025 a new positive duty applies to Victorian employers to proactively identify, manage and eliminate psychosocial hazards in their workplace. The Occupational Health and Safety (Psychological Health) Regulations 2025 (the [...]
Beyond Policy – The FWC Reinforces the Duty to Genuinely Consider Flexible Work Arrangements
A recent employment dispute heard by the Fair Work Commission (‘FWC’) has highlighted the obligation that employers have when dealing with requests for flexible working arrangements. In Chandler v Westpac [2025] FWC 3115, the FWC found that the employer, in refusing their employee’s request to [...]
FRANCHISORS TAKE NOTE
In Australia, the conduct between franchisors and franchisees is regulated by the Competition and Consumer (Industry Codes—Franchising) Regulations 2024 (“Franchising Code of Conduct”). The Franchising Code of Conduct is a mandatory industry code enacted pursuant to the Competition and Consumer Act 2010 (Cth) (“CCA”), and [...]
When “remedy defects” means “pay damages”: lessons from Grech v Biltar Pty Ltd [2025] VSC 636
A recent Supreme Court decision illustrates the risks of settling a building dispute by requiring a builder to “remedy defects” rather than paying money. Even where the obligation to remedy defects is contained in a formal settlement deed, the Court will rarely compel specific performance [...]
How the Trustee can remove the Appointor
In Staley v Hill Family Holdings Pty Ltd [2025] QCA 95, the Queensland Court of Appeal found that the power of a trustee to remove the appointor of a trust, pursuant to the Trust Deed, highlights the risks involved when establishing trusts without having the proper [...]
Agents: Don’t pay for the privilege of working for free
A recent County Court decision (Cellmore Real Estate Pty Ltd v Funston [2025] VCC 1205) is a sharp reminder for estate agents. If an authority is not completed properly, the agency cannot recover marketing fees. In Cellmore, the Exclusive Sale Authority listed advertising costs as [...]
When executors should stand firm: Court rejects “extravagant” TFM claim with heavy costs consequences
Executors are often placed under pressure to settle Testator’s Family Maintenance (TFM) claims to avoid the cost and uncertainty of litigation. A recent Victorian Supreme Court decision shows that not all claims warrant compromise and that courts are willing to protect estates against opportunistic litigation. [...]
Federal Court Awards $305,000 in Landmark Sexual Harassment Decision
In a recent decision by the Federal Court of Australia a claimant has been awarded $305,000, regarding claims of workplace sexual harassment, making it one of the highest awards ordered under the Federal Sex Discrimination Act 1984 (Cth) (‘SDA’). The case of Magar v Khan [2025] FCA [...]