Late last month an Uber driver was unable to convince the FWC that he was an employee for the purposes of unfair dismissal protection. DP Gostencnik categorically rejected the applicant’s argument that a recent 2016 UK Employment Tribunal case which found an Uber driver was a “worker” should be applied in Australia noting that the legislation … Read more
A recent decision of the Victorian Civil and Administrative Tribunal (Tribunal) regarding a land tax surcharge may have a significant impact upon property investors and their tenants. What was the decision? In Kamirice Pty Ltd v Commissioner of State Revenue (Review and Regulation) [2017] VCAT 2087, the Tribunal upheld the Commissioner’s decision not to grant an … Read more
The Federal Court has ordered Perth builder, Aveling Homes Pty Ltd, to pay penalties totalling $380,000 for engaging in misleading and deceptive conduct regarding the manipulation of online reviews of its products and services. What happened? Aveling Homes owned and controlled two websites for customers to post reviews about their experiences with both it and … Read more
By Kate Davey (Senior Associate) and Paul Welling (Principal Solicitor) On Friday the High Court refused an application for special leave to appeal the Victorian Court of Appeal decision of IMCC Group (Australia) Pty Ltd v CB Cold Storage Pty Ltd [2017] VSCA 178 (Appeal Decision). The Appeal Decision was significant for all landlords and tenants … Read more
On JOY Law (JOY FM), Jack Stuk and I discussed the ramifications from changes to the Marriage Act for LGBTI couples who married overseas. Specifically, we talked about: recognition of overseas marriages under the revised law; whether those married overseas need to do anything to formalise their union in Australia, including whether it’s necessary to … Read more
On JOY Law, Jack Stuk and I joined the JOY FM team to discuss what options are available to you if you are left out of a family member’s Will. Specifically, we discussed: the steps you should follow when challenging a Will; how you can demonstrate that you are an “eligible person”; the moral obligations … Read more
By Kate Davey (Senior Associate) and Paul Welling (Principal Solicitor) Under a bill introduced into Parliament earlier this year, the default period for bankruptcy in Australia is proposed to be significantly reduced from three years to one year (along with various other reforms). According to the Explanatory Memorandum which accompanied the Bankruptcy Amendment (Enterprise Incentives) … Read more
The reforms to the Marriage Act 1961 (“the Act”) commenced from midnight, 8 December 2017. While many are still celebrating the long-awaited reforms, the changes to the Act have flow on consequences for same sex couples who married overseas. If you’re planning to get married If you are planning on marrying your partner, you must … Read more
Monica Blizzard joined me recently on JOY Law to talk about the very serious topic of family violence. During the show, we discussed: the alarming statistics regarding the incidence of family violence in Australia; defining patterns of behaviour; legislative change to protect against all forms of violence – not just physical violence; and getting support … Read more
