Independent Contractors – A Minefield for Employers?

By admin • In Employment LawNo Comments

Before an employer enters into a services agreement, either party may raise the prospect of the business relationship becoming one of an employer and contractor, rather than that of employer/employee. This can be a minefield for the employer. Common law definitions of “contractor” and ‘employee” are as follows: an independent

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Privacy Law Reform: Get Ready Now!

By admin • In Commercial Law, Employment LawNo Comments

New privacy laws take effect from 12 March 2014, increasing obligations on businesses to check that their privacy practices comply with the new, stricter laws. Changes to the Privacy Law will have a distinct impact on credit reporting practices, direct marketing, handling and disclosure of information and will include new

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Bullying in the Workplace – Recent Developments

By admin • In Employment LawNo Comments

On 1 January 2014 significant amendments to the Fair Work Act 2009 (Cth) will come into operation to address workplace bullying, described by Minister Bill Shorten as the “hidden scourge of workplaces.” The aim of the legislation is to introduce a proactive, early intervention procedure to deal with workplace bullying.

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Superannuation

By admin • In Estate PlanningNo Comments

Superannuation Issues with Binding and Non-binding Nominations Most Australians now have superannuation. For many, it is one of their largest assets, particularly where there is life insurance as part of the Fund.  If you have superannuation, you can generally make a beneficiary nomination – either binding on the trustee or

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A Sign of Relief for Step-Parents: Stanford v. Stanford

By admin • In Estate Planning, Family LawNo Comments

The Stanford tale begins in 1971 when Mr and Mrs Stanford exchange marriage vows. Thirty seven years into what is a second marriage for both, tragedy strikes when Mrs Stanford suffers a stroke. She is relocated to a nursing home away from her matrimonial residence and she develops dementia. Mr

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Changes to the General Anti-Avoidance Rule

By admin • In Commercial LawNo Comments

A general overview as to why you cannot avoid it. Introduction The noted economist John Maynard Keynes famously said “The avoidance of taxes is the only intellectual pursuit that carries any reward”; however with the recent release of draft legislation and its complimentary explanatory memoranda, outlining proposed changes to the

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New Telecommunications Consumer Protection Code Met With Great Reception

By admin • In Commercial Law, Technology LawNo Comments

Historically, complaints to the telecommunications ombudsman greatly exceed the national average for complaints by consumers for other services. Common points of contention and frustration included consumers lacking timely and comprehensive information regarding their mobile plan. Customers complained that critical information, such as when they were close to exceeding their “usage

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Estate Planning – Why It Is More Than Just a Will

By admin • In Estate Planning, WillsNo Comments

Estate planning is a more complex area of law which often involves more than just putting a “simple” Will in place. Many people do not realise that their Will cannot necessarily deal with all of what they may perceive to be their assets. This is one reason why do-it-yourself Will

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Civil Dispute Resolution Act 2011

By admin • In Dispute ResolutionNo Comments

The obligation to try and settle On 12 April 2011 the Federal Parliament enacted the Civil Dispute Resolution Act 2011 (Cth) (“the Act”). The Act came into effect on 1 August 2011. The purpose of the Act is to ensure that people take genuine steps to resolve disputes before commencing

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Changes for the General Skilled Migration

By admin • In Migration LawNo Comments

The new General Skilled Migration rules commenced on 1 July 2011 . The new points test is designed to select the best and brightest skilled migrants who will make the economic contribution to Australia. Points will no longer be awarded for specific occupation, although all applicants must still nominate an

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