The Fair Work Act 2009 (FWA) provides employees with various rights and remedies upon termination of employment, including statutory entitlements to redundancy pay and protections against unfair dismissal. This article outlines redundancy entitlements and the conditions under which an employee can bring an unfair dismissal claim for redundancy. Statutory Entitlement to Redundancy Pay Under section 119 of the FWA, employees are entitled to redundancy pay [...]

Purchasing a business involves various legal complexities that must be navigated carefully to ensure a smooth transition and mitigate potential risks. Some of the main considerations are outlined below: 1. Due Diligence: This process involves investigating the financial, operational, and legal aspects of the business to assess identifying potential risks. Purchasers should review financial statements, contracts, leases, intellectual property rights, and any existing legal disputes [...]

The complexity of the definition of consent in sexual assault cases has been an ongoing discussion within communities and the legal system.  On 1 June 2022, the NSW Parliament established changes to the definition of 'consent' via the Crimes Legislation Amendment (Sexual Consent Reforms) Act 2021, introducing the new 'affirmative' consent laws. What is the definition of consent?   'A person consents to a sexual [...]

Many of us are aware of a two unique company characteristics, their separate legal persons status and their limited liability. However, there are situations where the court will “lift the corporate veil”, which in turn, holds a director personally liable for breaches of their duties and obligations under the Corporation Act 2001 (Cth). This lifting commonly occurs where a company continues to trade even though [...]

A company with multiple directors operates under the assumption that all directors are to act within their fiduciary duties to one another. That is to act in the best interests of the company, avoid conflicts of interest, act in good faith, use their powers for proper purposes and act with reasonable care and diligence. Where a director effectively defaults from these duties, whether conscious or [...]

The Covid Pandemic accelerated the adoption of flexible and remote working arrangements across a range of businesses, not just in Australia, but throughout the world. These arrangements are likely to continue after the Pandemic is no more than a memory and although the arrangements have a lot to offer in terms of work flexibility, reduction in travel times and possibly even savings for some businesses [...]

Having a well drafted shareholder, unitholder or partnership agreement for your company, unit trust or business partnership helps govern the relationship between parties whilst in business together and when the business relationship comes to an end.   It sets the framework for decision-making within the business and the process for a business partner to exit the business (which can be voluntarily or involuntarily).  It can minimise [...]