Fixed-term employment contracts are common in many workplaces. Understandably, most employers consider they would be protected from an unfair dismissal claim once the term ends. However, in Saeid Khayam v Navitas English Pty Ltd t/a Navitas English (‘Navitas’) [2017] FWCFB 5162 the Full Bench of the Fair Work Commission found that an employee may have…

Given the complexity of the taxation regime and the requirement for taxpayers to initially self-assess their liabilities, disputes between taxpayers and the Australian Taxation Office (ATO) will inevitably arise from time to time. If you disagree with a decision that the ATO has made about your tax affairs, you have the right to have it…

Essentially, a company charge is a security interest held by a lender over the personal property of a company. The charge is given by the company (the chargor) to the lender (the chargee) to secure payment of a debt or obligation. A charge does not give the lender a legal interest in the property by…

Company directors have many responsibilities when carrying out their duties. Generally, company directors and officers are not personally liable for a company’s debts. Certain circumstances however can arise where directors may find themselves facing legal or other regulatory action exposing them to personal liability. Generally, the more complex the role, the greater the risk. In…

Litigation can be a costly and time-consuming process and parties are increasingly seeking alternative forms of resolving disputes. This article provides an overview of the main types of alternative dispute resolution (ADR) options and their respective benefits and limitations. What is ADR? The term ADR is used to describe dispute resolution processes that do not…

An employer’s potential liability for workplace discrimination arises before the first interview and exists whether or not a decision is made to hire a person. A job interview is integral to the recruitment process and provides an opportunity for the employer to ask questions, check credentials and determine a prospective employee’s suitability for a position….

A franchise operates within an existing business structure that gives the franchisor discretion to implement strategies, introduce new products and set prices for the ‘branded’ goods or services. These commercial decisions however must be exercised in ‘good faith and reasonableness’. The obligation of good faith is reflected in the Franchising Code of Conduct which sets…

An estate plan involves more than signing a Will and leaving it in a safe place. An effective estate plan requires consideration of several matters and ongoing review to ensure it reflects your testamentary wishes and covers unexpected events. In this article, we look at some common misconceptions about Wills and estate planning and dispel…

Lawyers are often stereotyped as being interested in prolonging an expensive Court action, more often the opposite is true. Lawyers know that Court cases are expensive and that clients are fearful that legal costs could escalate to an intolerable level. Lawyers interested in preserving long standing relationships with their clients will often recommend alternative dispute…

Since the early 1970’s buying and operating a franchise business has become an increasingly popular way for many Australians to own and operate their own business. Initially franchising in Australia almost always involved a foreign parent company or brand. However, today the majority of franchise businesses operated in Australia are home grown. Just as the…