In a recent case, a manager of an engineering and construction company and his team were finishing a major project. The manager suggested to the company’s CEO that he take the team out for lunch to celebrate. The CEO agreed to the lunch but specified a no-alcohol policy due to company rules and the dangers involved with driving company cars back to the factory. Nevertheless, some employees consumed alcohol, including the manager himself. Read more
Most businesses in NSW are required by law to obtain workers compensation insurance to protect themselves from the costs of workers compensation claims. Workers' compensation insurance covers employees who have been hurt at work. Workers' compensation covers weekly wages, medical and hospital expenditures, as well as several other benefits to assist injured workers in recovering and returning to work. Read more
An employer was involved in providing apprenticeship opportunities to young workers. The company engaged a 16-year-old high school student for work experience to see if it would take him on as an apprentice. The student was keen and seemed to show potential. Read more
Only in extraordinary circumstances should a purchaser of a strata property (whether residential or commercial) proceed to exchange contracts or bid at an auction without first reading a written report on the affairs of the owners’ corporation. But beware! These days they are often provided by the vendor, or their selling agent. Do you see a problem? Read more
Restraint of Trade Clauses can also be applied between businesses. This is often the case when one business is split into two businesses, or in Joint Venture Agreements where two businesses agree to co-operate on a project. A recent NSW Supreme Court Case involving flower wholesalers has shown how Restraint of Trade Clauses will not always be enforced by Courts. Read more
In a recent case, a landlord owned and operated a large shopping centre. The landlord engaged a security company to provide security for the premises. This security company sub-contracted the responsibilities to another security company who employed a man to guard the shopping centre. This man was made familiar with various manuals which covered his role and outlined responses to specific incidents like armed persons and robberies. Read more
Not having a properly drafted contract is risky, particularly when the good faith on which the relationship was built disappears, and the relationship ends. That is when a clear and concise written agreement, which sets out the rights and obligations of the parties, is invaluable. Read more
In a recent case a husband and wife had two young children. The husband and wife separated. During the process of separation, the husband and wife began a long dispute over parenting. Following a serious motorbiking accident the husband was hospitalised for three months and the children stayed with the mother the whole time. Read more
COVID-19 vaccines are now approved for use in Australia. The question of whether these vaccines can be made compulsory for employees will be important. A recent case may give some guidance. Read more
In 2014 a man took out life insurance. He named his de facto partner as the beneficiary of the policy. In his application he had claimed to be a healthy individual who did not take drugs, and who lead a healthy lifestyle. The policy was for $2,625,000.00. Read more