Insights

Latest articles & upcoming events

JOY Law – separation and parenting arrangements

Relationship breakdowns are never easy, and when children are involved, matters can become fraught.  It’s crucial that parenting arrangements are carefully considered and documented as soon as possible after separation.  On JOY Law, we talked about: emotional burdens you face when dealing with the breakdown of your relationship; co-parenting post-separation; the importance of written agreements … Read more

JOY Law – donor agreements & planning a rainbow family

On JOY Law (JOY FM), we talked about rainbow families, donor agreements and issues to consider when planning your rainbow family.  Specifically, we talked about: donor agreements and clarifying the intention of the parties entering into a donor agreement; the legal rights of the parties; ‘known’ and ‘unknown’ donors; relationships between ‘known’ donors and lesbian … Read more

Insolvency reforms set to benefit directors & companies


Posted By on 16/01/18

By James Allen (Lawyer) and Venn King (Special Counsel) On 18 September 2017 the Treasury Laws Amendment (2017 Enterprise Incentives No. 2) Act 2017 (Cth) (Act) received assent, introducing significant reforms to Australia’s insolvency and restructuring laws. The reforms introduce two concepts to protect both directors and companies during periods of significant financial distress: “safe … Read more

Uber still not an employer (according to FWC), but for how long?

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

Land tax surcharge bites landlords and tenants

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

High Court refuses special leave to appeal, “ultimate consumer” test confirmed (for now)

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

JOY Law – what does marriage equality mean for those who married overseas?

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