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Casual employees’ right to be converted to permanent employment – cost implications for employers

The recent decision in WorkPac Pty Ltd v Rossato saw the Federal Court decide that a casually employed worker was actually a permanent employee.
Blog

Are you allocating the right breaks?

When it comes to workers’ rights and paid rest breaks, the Federal Court recently ruled that workers have a “workplace right” to toilet breaks and to drink water while in the workplace.  Why is this important for employers and HR professionals?
Blog

5 things you should know: Insolvency Reforms for Small Business

On 24 September 2020, the Australian Government announced its proposed major reforms to insolvency laws to support small business recovery and to streamline the insolvency process. The reforms are expected to commence on 1 January 2021, subject to the passing of legislation. The reforms will adopt features from Chapter 11 of the United States Bankruptcy Code, being a “debtor in possession” corporate insolvency model.
Blog

Changes to Partner Visas – Budget 2020

This year has been a particularly complicated one for people wanting to visit or migrate to Australia, forcing many to put their plans on hold or abandon them all together.
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“Not without my pick stick” – Picker Packer finds damages are just out of his reach

Most of us go through life thinking very little about pick sticks, but in the case of Smith v Coles Supermarkets Australia Pty Ltd, it was the humble pick stick that (almost) picked victory out of the jaws of defeat.
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Releasing the hounds – Defining ‘recreational activity’

Horse racing may be the ‘sport of kings’, but greyhound racing can still hold court.  
Blog

Rethinking unfair preferences through echoes of the past

Before being placed into voluntary administration, Eliana Construction and Developing Group Pty Ltd (Company) and Mad Brothers Earthmoving Pty Ltd (Mad Brothers) executed a settlement agreement in which the Company agreed to pay Mad Brothers $220,000 for a debt the Company owed Mad Brothers. A payment of $220,000 (Payment) was made to Mad Brothers by Rock Investments Pty Ltd (Rock) from a loan facility Rock had with Nationwide Credit Pty Ltd.  
Blog

When is an injury not an injury?

Hicksons was recently successful in a Presidential Appeal in the Workers Compensation Commission, confirming that Arbitrators need to determine “the nature of an injury”. 
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Signed, attached and emailed: The court’s take on electronic signatures and recent temporary COVID-19 amendments to the Corporations Act regarding electronic execution

As part of the response to the COVID crisis, temporary measures have been introduced to facilitate the electronic execution of documents. In this blog we consider whether those measures would have changed the decision in the Bendigo Case and the extent to which they are likely to remain temporary.  
Blog

Does a discrimination claim prevent you from later getting workers compensation? Court of Appeal says no…

On 23 July 2020 the NSW Supreme Court of Appeal handed down the decision of Gardiner v Laing O’Rourke Australia Construction Pty Limited [2020] NSWCA 151. It involved a worker who had complained to the Anti-Discrimination Board about his employer, received a payment of money, and later claimed workers compensation for psychological injury. The Court considered whether that was permissible.
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Physical Commencement in the time of COVID – the what and when

Some developers are turning their minds to preserving their development consents (Consent) during the pandemic by “physically commencing” the approved project.
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Regular international travel to Australia is forecast to recommence on 1 January 2021

Hicksons Partner and Registered Migration Agent, Najeh Marhaba, noted the budgetary assumptions contained in today’s Economic Update delivered by Treasurer Josh Frydenberg that regular international travel to Australia will commence on 1 January 2021.
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Student visa (subclass 500) application processing resumes

Hicksons Partner and Registered Migration Agent, Najeh Marhaba, has welcomed the announcement that the Federal Government has resumed processing of student visa (subclass 500) applications.
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You need to lift big to gain big (damages)

Powell v JFIT Holdings t/as New Dimensions Health and Fitness Centre - [2020] NSWDC 264  
Blog

Demise of the Phoenix – new identification requirements for directors

In recent years, the Commonwealth Government has made efforts to deter and penalise phoenix activity in order to protect those who are negatively affected.  One of those efforts is the DIN requirement for directors, which is poised to disrupt phoenixing and deliver additional benefits.

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