By Murray Procter and Ben Keenan The ongoing high profile legal dispute between the former Managing Director of the ABC, Michelle Guthrie, and the national broadcaster is merely the latest example of the reputational and financial cost to employers that can arise...
The enterprise agreement making process requires adherence to strict legislative steps before employees are allowed to vote on an agreement. Some may recall the difficult lesson learned by Peabody Energy in 2014, when its hard fought enterprise agreement was scuttled...
By Chris Kintis and Elle Zhang In March this year, ASIC published a report on how the unfair contract terms regime applies to loans made to small businesses. Generally, a loan contract will fall within this regime if at least one of the parties has fewer than 20...
By Murray Procter and Ashlee Miller Employers around Australia are grappling with the effect of a recent decision of the Full Federal Court1, which found that employers must pay annual leave to wider categories of employees than previously thought. This wider...
From time to time in business it may become necessary to enforce your legal rights by way of Court action. You may, for example, need to enforce the terms of a contract, seek redress for negligence or enforce your statutory rights. If you do find yourself in that...
Do think you’ve successfully made an enterprise agreement because the agreement was approved by a ballot of employees and by the Fair Work Commission? Think again. This year, the Full Federal Court overturned an enterprise agreement two and half years after it was...
We are excited to announce that the efforts and achievements of our Retirement Living, Aged Care & Manufactured Home Estates Partner Judd Last have been recognised in the 2018 Doyle’s Guide to Australia’s best legal firms and lawyers, in the following categories:...
By Murray Procter and Blair McAuliffe The case of Fair Work Ombudsman v Pulis Plumbing Pty Ltd & Anor serves as a warning to employers that a failure to comply with employee records obligations not only leads to significant penalties, but highlights that employers...
Redundancy is a legitimate reason for terminating employment. However, managers need to ensure proper process is followed to avoid unfair dismissal and adverse action claims under the Fair Work Act 2009 (FW Act). What is a redundancy? Positions are made redundant, not...
Personal guarantees are extremely common. Chances are, one day you’ll be required to sign one –perhaps as a company director, or maybe as a parent when helping your child obtain finance for their first home. Often such guarantees are provided without much thought,...
As published on the QUT Faculty of Law website on 21 February 2018. The original article can be viewed here. Since graduating with a Bachelor of Laws in 1984, John Toigo has journeyed to Chairman of ClarkeKann Lawyers and leads the firm's Corporate Transactions &...
We are delighted to announce that the efforts and achievements of our Employment, Industrial Relations and Safety Partner Murray Procter have been recognised in the 2018 Doyle’s Guide to Australia’s best legal firms and lawyers, in the following categories:...