by Mark Johnson | Jul 15, 2011 | Business, Employment
On 7 June 2011, the Work Health & Safety Act 2011 became law in NSW. The WHS Act repealed the Occupational Health & Safety Act 2000 and made three significant changes to the old law.
First, the new Act does away with the reverse onus of proof, which under the old law, meant, in effect, that all the prosecution had to prove was a work accident and then the onus shifted to the defence, which had to prove that the actions, that might have been taken to avoid the accident, were “not reasonably practicable”. This statutory reversal of the onus of proof was an assault on that principle of English criminal law, which Rumpole called the “golden thread”, namely that the prosecution must prove beyond reasonable doubt every single element of the crime charged and the defence does not have to prove a thing. … Read More
by Jessica Simmonds | Jul 9, 2011 | Business, Employment
Many employers use employment contracts that are out-dated, or may not have employment contracts for their staff at all. Are the employment contracts your business uses up to scratch?
Employers need to ensure their employment contracts comply with the current legal requirements. This means contracts need to be compliant with the National Employment Standards and the applicable Modern Award.
The National Employment Standards provide for minimum entitlements, such as hours of work, leave entitlements, flexible working arrangements and more.
For example, Business Pty Ltd is employing a new full-time administrative assistant. All Business Pty Ltd’s full-time staff work a 40 hour week.… Read More
by Mark Grady | Jul 1, 2011 | General
Privacy protection seems to be one of the new sexy terms that pops up in all walks of life. In my experience it seems to be an excuse for somebody or some organisation not providing information requested, but perhaps I am just a cynic.
Privacy laws sound wonderful and large organisations are eager to tell you how protected you are and attach a copy of their privacy policy. Unfortunately when the shoe is on the other foot, this is far from the case.
A recent matter involved a lady, who we will call Jane. Jane was struck by a motor car and completed a claim form. … Read More
by John Boag | Jun 24, 2011 | Wills & Estates
If you have some connection with a Family Trust, Centrelink will attribute to your assets, for the purpose of assessing your entitlement for a pension, all the assets of that Trust. This is so, even if you have never had any ownership or entitlement to the assets of the Trust.
If the assets are substantial, then attributed to you will be all those assets and hence you will be unable to qualify for those benefits from Centrelink which require you to satisfy the assets test.
Recently, there was a case which challenged this fact. The case involved a couple who were in receipt of a pension which they lost because Centrelink attributed to them the value of the assets of a controlled private trust.… Read More
by Rebecca Greenland | Jun 17, 2011 | Employment
With a new financial year approaching, it is now an opportune time for business to review industrial relations policies and make any necessary changes to comply with the Fair Work legislation.
1 July 2011 will see the new minimum wage rate become effective
Fair Work Australia has determined a $19.40 per week wage rise for those workers earning the minimum wage. Employers must ensure the new financial year pay packet for their employees receiving the minimum wage is calculated at a rate no less than $15.51 per hour.
July 1 will also see the commencement of employer facilitated paid parental leave (PPL) through the business payroll
Mothers or primary carers eligible for the government-funded parental payments are entitled to receive a maximum of 18 weeks pay at the national minimum wage.… Read More
by Lesley McDonnell | Jun 10, 2011 | Property
A recent case in the NSW Supreme Court provides a timely reminder of the potential problems that can be encountered if a Contract does not spell out all of the terms agreed upon by the parties. In this case the irrigated farming land sold recorded the sale of the land but was silent in relation to the water entitlements.
The Walsh family had farmed irrigated land since the 1950s. Family members were involved together in farming partnerships until 2000 when it was decided that those partnerships would be dissolved and the irrigated farming land would be sold.
Prior to selling the land, Graham and Maurice were co-owners of the farm.… Read More
by Melissa Swain | Jun 4, 2011 | Uncategorised
There have been some concerns in recent years regarding the notion of “equitable” rights over property. That is, the claim that one party holds a property “on trust” for the other party due to an alleged promise that the property would one day be passed on. This issue has been raised particularly where one party has been allowed to live in a house (and undertake renovations etc), with the often argued expectation that the house would one day be theirs.
In the recent case of Wheeldon [2011], the wife in a family law dispute sought a declaration that the husband’s parents held a property on trust for the husband. … Read More
by Terry Robinson | May 27, 2011 | Business
In an earlier article I spoke about the rules that govern a corporation. These can be either a specifically designed set of rules called a “Constitution” or a set of standard rules call “Replaceable Rules” set out in the Corporations Act 2001.
The question arises which is better?
In my view using a specially designed Constitution has many advantages over being governed by the Replaceable Rules set out in the Act including:
- A Constitution enables you to have several classes of shares with different voting rights, dividend rights and rights to capital upon winding up which can be useful in achieving objectives like income splitting, dividend streaming and selective control.
… Read More
by Jessica Simmonds | May 21, 2011 | Business, Employment
If you are an employer faced with the difficult task of making employees redundant, it is important to know what obligations you have and what steps you ought to take to meet those obligations.
If you are an employee faced with redundancy, it’s important to know your rights and ensure you receive the correct entitlements.
What does redundancy mean?
A redundancy occurs when employment is terminated because the employer decides they no longer want that person’s job to be done by anyone, or because the employer becomes insolvent or bankrupt.
In order for a redundancy to be a ‘genuine redundancy’, it must be shown that:
- The job will not be done by anyone else and the position will not be filled by any other person.
… Read More
by Mark Johnson | May 14, 2011 | Uncategorised
Let me introduce myself.
My name is Mark Johnson and I am very pleased to have just joined Everingham Solomons in the position of Special Counsel.
Everingham Solomons is a very good law firm. I know this because I have a great deal of experience of lawyers and law firms. After graduating from the University of Sydney, I was admitted as a Solicitor in December 1976. From the date of my admission until a few weeks ago, I practised continuously as a Solicitor in the CBD of Sydney. For 25 years, I was a partner of Holman Webb, a mid tier firm. … Read More
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