Section 357(1) of the Fair Work Act 2009 (Cth) states that an employer must not represent that a contract of employment is a contract for services under which the individual performs work as an … [Read more...]
Need advice or direction when acting under a Power of Attorney?
If you are appointed as someone’s attorney, pursuant to a Power of Attorney, you have the right (pursuant to section 38 of the Powers of Attorney Act 2003) to seek advice and directions from the … [Read more...]
When can (and can’t) a retail landlord withhold consent to a proposed lease assignment?
Commercial and retail leases typically contain a provision allowing the tenant to transfer (assign) the lease to another tenant. The need or desire to transfer the lease can arise in a number of … [Read more...]
“Crisp orders” – more than just a life interest
The term "Crisp order" refers to the principal established by the 1979 Supreme Court of New South Wales decision, Crisp v Burns Philp Trustee Company Ltd. The principle relates to family provision … [Read more...]
The importance of having a co-ownership agreement
If you have purchased a property with someone else, it is likely that you’ve at least had an initial chat about sharing the costs of owning the property – but have you discussed what happens if one of … [Read more...]
Be clear about which contract is on foot
Sometimes the parties to a contract (which has already been signed and dated) will, for whatever reason, enter into another contract later on for exactly the same subject matter, but perhaps with … [Read more...]
Be careful when you use the word ANZAC
On this eve of Anzac Day, we thought it was appropriate to look at the word ANZAC and the legal implications of using the word when naming a product, event or even your boat. A quick history … [Read more...]
“I leave everything to my children” – does this include adopted children?
CASE UPDATE Last week, the New South Wales Supreme Court considered the issue whether the words "my children", when used in the context of the deceased's Will, included a child that the deceased … [Read more...]
Know your rights as a beneficiary
If you are the beneficiary of a Will it is important to know what your rights are in regards to obtaining and protecting your entitlement. Right to Information You have the right to be kept … [Read more...]
Sham contracting – are you a contractor or an employee?
There are significant financial and managerial benefits for businesses relying on a workforce which consists of independent contractors (who can be engaged as required depending on the workload), … [Read more...]
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