ArticleNot-for-profits: Joint ventures or social enterprisesThere are pitfalls if a NFP agrees to a joint venture proposal to develop its assets in order to realise a cash return.AustraliaCorporate/Commercial LawCarroll & O'Dea
ArticleThe Good News: NFPs - 'Give Directly' & 'Connecting Hands'The article discusses 2 charities - Give Directly & Connecting Hands, which assist people in need in Kenya and Cambodia.AustraliaCorporate/Commercial LawCarroll & O'Dea
ArticleUnfair contract relief for small business extendedFrom November 2016, a new law will protect small businesses from unfair terms in new or renewed standard form contracts.AustraliaCorporate/Commercial LawCarroll & O'Dea
ArticleCriminal investigation intensifies spotlight on Ruby Princess scandal to spread infectionNSW police commenced a criminal investigation into the decision to allow 2700 passengers to disembark the ship in Sydney.AustraliaCriminal LawCarroll & O'Dea
ArticleTom Jones, provocation, your union and giving Delilah a voiceThe White Ribbon Movement emphasises the need for women to be respected and not to live in fear and subject to abuse.AustraliaCriminal LawCarroll & O'Dea
ArticleCase Summary – Workers compensation - El Ali V Hunter Operations Pty Ltd [2024] NSWPIC 14 (10 January 2024)The NSWPIC determined that the driver who was injured in a road rage incident, did so in the course of his employment.AustraliaEmployment and HRCarroll & O'Dea
ArticleDownsizing your workforce? Get the consultation process right — or your redundancies could be unfair dismissalsThe dismissals must be genuine redundancies, or they could be "harsh, unreasonable and unjust" - or unfair dismissals.AustraliaEmployment and HRCarroll & O'Dea
ArticleFair Work Act Review - Don't Expect Too Much Now!Wholesale changes to the Act are unlikely to be recommended in the review and are in any event not going to happen soon.AustraliaEmployment and HRCarroll & O'Dea
ArticleMedical treatment for injured workers – Wait, I can claim that?!Injured workers may not be aware that they can claim many 'related' items under their workers compensation claim.AustraliaEmployment and HRCarroll & O'Dea
ArticleReasonable Business Grounds are not enough to refuse a flexible work requestRecent case highlights the importance of carefully preparing detailed written reasons for refusing a flexible work arrangement request.AustraliaEmployment and HRCarroll & O'Dea
ArticleTasmanian case confirmed an insurer is liable to cover weekly payments where a late medical certificate of capacity has been providedCase of Pearson v State of Tasmania [2024] TASSC 41.AustraliaEmployment and HRCarroll & O'Dea
ArticleTemporary changes, introduced via the Omnibus (Emergency Measures) Bill 2020, help some injured Victorians on WorkCoverA necessary piece of legislation that, amongst other things, directly impacts some long term injured Victorian workers.AustraliaEmployment and HRCarroll & O'Dea
ArticleThinking of downsizing your workforce? Make sure you get the consultation process right — Or redundancies could turn out to be unfair dismissalsAn employer must comply with any obligation in a modern award or enterprise agreement to consult about the redundancy.AustraliaEmployment and HRCarroll & O'Dea
ArticleUnfair contract claims – and the gig economyThe expanded Unfair Contract Terms regime now extends to gig workers, with a test case against Uber set to shape its application.AustraliaEmployment and HRCarroll & O'Dea
ArticleWorkplace injury and attempting to return to work in New South WalesThere is no protection for injured workers with a partial work capacity but the employer can't provide suitable duties.AustraliaEmployment and HRCarroll & O'Dea
ArticleWills & estates newsletterArticle explains court authorised wills & when to apply for a court authorised will and testatmentary capacity.AustraliaFamily and MatrimonialCarroll & O'Dea
ArticleExecutor Commission - Hawkins v Barkley-Brown & Anor [2010] NSWSC 48This case provides guidance to practitioners and the court in a claim for commission by the deceased person's executor.AustraliaFamily and MatrimonialCarroll & O'Dea
ArticleMaking a death benefit claim on superannuation or life insurance: strategies to strengthen your claim – part 3Strengthening a death benefit claim requires preparation, organisation, and understanding of the trustees processes. AustraliaFamily and MatrimonialCarroll & O'Dea
ArticleNotional estate regime claws grip onto superannuationA court may call on your superannuation death benefits as notional estate to satisfy a claim made against your estate.AustraliaFamily and MatrimonialCarroll & O'Dea