Articles

Bullying is defined as repeated unreasonable behaviour directed at a worker or group of workers that creates a risk to health and safety and is likely to be ongoing. This can involve aggressive or intimidating conduct, unreasonable work expectations, or pressure to behave in an inappropriate manner. It does not cover reasonable management action, such as necessary performance management, so long as such action is carried out in a reasonable manner.

The Privacy Act protects personal information handled by large businesses (including not-for-profit organisations) with a turnover greater than $3 million and health service providers of any size. Mitchell Zadow summaries recent changes to the Act.

The Australian Taxation Office ("ATO") has deemed that a distribution from a family company to a spouse/partner as part of a family law settlement as a taxable event. Settlements should be carefully considered and drafted to best manage taxation liability between the parties, particularly where a family company holds significant assets.

The Australian Consumer Law operates to void 'unfair' contract terms in certain types of contracts between businesses and consumers. This regime applies to consumer contracts which are in a standard form, for the supply of goods, services or an interest in land, to an individual and for personal, domestic or household use.

Does this statement equal an enforceable exercise of option by a Tenant: "We write to advise you of our intention to exercise our lease option for a further 6 year period"? You might be surprised to find that the answer is no! Read here for more details.

How directive does a Section 146 Notice need to be in order to be valid? In a complex case involving managed investment schemes and plantation forest, one part of the case revolved around a Tenant who had been served with a Section 146 Notice by a Landlord who subsequently took possession pursuant to the notice and sold the Premises.

As a Landlord, it is essential to ensure that your rights to claim essential Safety Measures Costs are clearly included in your Lease and that you comply with your essential Safety Measures Obligations as they arise so that you do not trigger the terms of the Building Act.

As more complex family situations arise, it is increasingly important to properly draft your Will and to follow careful estate planning process. Our Wills & Estates team summarise the advantages of having a properly drafted Will in place to ensure your estate is distributed in the manner you intended.

All businesses in Australia are now effected by the PPSR, whether by way of security interests being registered against them; or when they are registering security interests in their favour against customers. Mitchell Zadow, Accredited Specialist (Commercial Law) explains how this register can effect you.

Incorporated Associations are very common. Your local sporting club, community club or other organisation is likely to be an Incorporated Association. All Incorporated Associations must comply with the Associations Incorporation Reform Act 2012.

In the lead up to Christmas, we had a media enquiry as to whether employees who waste time at work doing online shopping risk disciplinary action or dismissal? A good question!

Sometimes a good reason is not enough. A claim for Unfair Dismissal can arise where the process of dismissing an employee is deficient. When it is time to send a poor performer packing, be mindful of the guidelines in the Fair Work Act 2009.