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The Fair Work Commission recently considered whether a Regional Director of a multi-national real estate company could bring an unfair dismissal application, despite the Director earning above the high income threshold. Mr James Kaufman (the Applicant) was made redundant from his position in December 2016 and subsequently commenced unfair dismissal proceedings claiming his dismissal was […]

A risk-assessed management plan (RAMP) is a document that describes a liquor licensee’s management practices and procedures at their licensed premises. The purpose of a RAMP is to outline a licensee’s management practices and policies in order to minimise harm caused by alcohol abuse and misuse at their premises. A RAMP must specifically deal with

Choosing the right name for a business or product can be a difficult process. If you are not careful then the simple use of a name can lead to unintended and severe problems. I regularly see letters of demand in which claims are made that traders should cease the use of the name they have

Being an executor comes with considerable responsibility and can be a rather thankless task, particularly when you are not a beneficiary of the estate. An appointed executor has a number of obligations and it is important executors take these obligations seriously. Litigation against executors for failing in their duties is becoming more common. As people’s

From time to time, Court-appointed liquidators field enquiries from directors or shareholders concerning the termination of a winding up. The factors that are relevant to such an application (which is formally made under section 482 of the Corporations Act) will depend upon the basis on which the Company was wound up. The key considerations in

Failure to pay employees the minimum monetary entitlements (including wages, allowances or penalties) prescribed by a modern award can lead to the imposition of significant penalties for employers. Recent penalties in underpayment claims highlight the need for employers to ensure they comply with workplace legislation and industrial instruments. We have seen the Courts willing to

In recent times, we have been instructed to provide a number of advices relating to the application of the so-called “rule against double proofs”. The rule potentially applies in any situation where a guarantor has previously paid money to a creditor pursuant to a guarantee and either the guarantor or the creditor seeks to prove

After a number of years in the making, the long awaited amendments to the Retail Shop Leases Act 1994 (the Act) were finally passed by parliament on 10 May 2016. The passing of the Retail Shop Leases Act Amendment Bill 2015 sees some significant changes to the way in which retail leasing will be conducted

The digital disruption that is impacting businesses around the world is a modern day industrial revolution, many times over. Every business needs to face the reality that the way they are conducting their operations may not be the most efficient method. At least, not in relation to technology. This provides an opportunity to stop and