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Commercial and Business Law June 29, 2016

SurfStitch Group Limited

Diamond Conway is presently investigating a possible class action on behalf of shareholders against SurfStitch Group Limited.

Commercial and Business Law September 15, 2019

WHEN CAN A CASUAL REQUEST TO BE TREATED AS FULL OR PART TIME EMPLOYEE?

During October 2018, the Fair Work Commission determined to include in most (but not all) Modern Awards a “casual conversion” provision. By Ron Gorick, Partner This provision means that an employee who is engaged as a casual employee, who had been employed for at least 12 months and who during that period worked a pattern […]

Commercial and Business Law September 9, 2019

HOW “CASUAL” IS THIS?

Over the recent past there has been debate and controversy in respect of casual employment. By Ron Gorick, Partner Casual employment is not uncommon. In many instances, casual employment suits both parties to the arrangement. While a casual employee does not have “security of tenure” the employee is to be paid the required casual loading, […]

Commercial and Business Law September 1, 2019

ACCESSORIAL LIABILITY FOR FAIR WORK ACT BREACHES

The Fair Work Act has provisions in respect of holding persons in an employer’s organisation or outside advisors personally liable for breach of the Fair Work Act, if they were aware of the contravention. By Ron Gorick, Partner   Accessorial liability extends to such persons as company directors, human resource managers, other managers and accountants. […]

Wills and Estates Law December 11, 2017

Making a family provision claim in NSW against the estate of a parent you barely knew. Is the mere fact of paternity enough?

Making a family provision claim in NSW against the estate of a parent you barely knew. Is the mere fact of paternity enough? By Martin Pooley, Senior Associate   Even where a child was unaware of the existence of one of their parents for most, or all of their lives, and there is little or […]

Wills and Estates Law December 11, 2017

Family Provision claims by former wives or husbands of a deceased person in NSW

Family Provision claims by former wives or husbands of a deceased person in NSW By Martin, Senior Associate   Eligibility Former wives or husbands of a deceased person are eligible to apply for provision from the estate of their late former spouse pursuant to section 57(1)(d) of the Succession Act 2006. The fact that they […]

Wills and Estates Law December 11, 2017

Family Provision Claims by Widows in NSW

Family Provision Claims by Widows in NSW By Martin Pooley, Senior Associate   Where a Court is considering whether to make a family provision order for a widow and what order, if any, ought to be made, the question for the court as set out in s59 of the Succession Act 2006 is whether the […]

Wills and Estates Law December 7, 2017

Family Provision Claims by Adult Children in NSW

Family Provision Claims by Adult Children in NSW By Martin Pooley, Senior Associate   Even where an adult child is living an independent life and may own a home, has other assets, has the support of a spouse or partner, and is capable of meeting his or her day to day financial commitments, that financial […]

Commercial and Business Law, Corporate Advisory November 9, 2016

Extension Of Consumer Protection Laws To Benefit Small Businesses

On 12 November 2016, the Australian Consumer Law (”ACL”) will be amended to extend the protections given to consumers there, to small businesses. It will apply to standard form contracts entered into on or after 12 November 2016 and also to standard form contracts which are renewed or varied after that date.

Family Law, Wills and Estates Law November 7, 2016

Family provision claims by grandchildren in NSW

Family Provisions claims made by grandchildren have no guarantee of success even where there has been some level of dependency on the grandparent. These claims are complex and expert advice is needed to assess whether there are any genuine prospects of succeeding.

Featured, Wills and Estates Law October 19, 2016

CY-PRÈS SCHEMES

This paper provides a brief overview of the law and procedures in New South Wales relating to variation “cy-près ” of the provisions of a charitable trust where the charitable purpose has failed.

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