The recent High Court of Australia decision in Elisha v Vision Australia Limited [2024] HCA 50 has created a compelling precedent in employment law, awarding for the first time damages in favour of an employee for psychiatric injury caused by wrongful termination arising from unfair disciplinary processes.  This ruling broadens employer responsibilities, developing a stronger emphasis on procedural fairness and adherence to established workplace policies. [...]

The Fair Work Act has undergone significant changes with the introduction of the new amendments within the Act as of 26 August 2024.   Some of the changes focus on the nature of the employment relationship and address previous ambiguities, particularly regarding casual employment and the distinction between employees and contractors. Key Changes Establishing Employment Relationships (Section 15AA) Section 15AA introduces a new and improved framework [...]

In an age of increased digital communication - whether it be via text message, or social media direct messaging - it can become increasingly confusing as to whether these digital message exchanges can constitute a legally binding agreement between two parties. In order to determine whether such an exchange is legally binding, it is important to consider whether , the exchange contains all of the [...]

In an era where digital scams are increasingly sophisticated, scam protection in Australia is evolving as the government takes bold steps to safeguard citizens. New consumer protection laws are set to reshape how businesses handle scam prevention, fraud detection, and victim compensation. Let's explore what these changes mean for you and the companies you interact with daily. The Human Cost of Scams Imagine saving for [...]

The Fair Work Act 2009 (FWA) sets out provisions for the minimum periods of notice required for terminating employment for employees under the national system. This article outlines who is covered by these provisions, who is excluded, and the specific notice periods mandated by the FWA. Coverage of Employees Section 117 of the Fair Work Act specifies that national system employees are entitled to minimum [...]

The recent popularity of electric bikes, especially among children, raises the question as to how its use is regulated on NSW roads. Powered with rechargeable batteries, e-bikes assist pedalling to help users ride faster than a traditional bicycle, while helping to manage hills easier and travel longer distances without feeling as tired. Bicycles must meet the requirements of a permitted e-bike to be legally used [...]

There are new laws which will apply to fixed term contracts entered into from 6 December 2023. The new law requires employers to give any employee engaged on a new fixed term contract a Fixed Term Contract Information Statement (FTCIS). The FTCIS will be available to download from the Fair Work website from 6 December 2023. There are also new limitations on when fixed term [...]

No matter what type of issue you engage a lawyer to assist you with, there are ways to minimize the legal fees that will inevitably arise. Set out below, in no particular order, are some of the best ways to reduce legal fees and get the most out of your relationship with your lawyer. Be as organized as possible. Even if you are not a [...]

Like any big change in life, moving into a retirement village takes some consideration. You should take the time to think about the lifestyle that you want and discuss your decision with family, friends and advisers.  It is a good idea to work out a budget and visit a few villages to understand the contractual obligations and costs and seek professional legal and financial advice [...]