Category: Legal Article

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Controversial decision on sick leave may leave employers exposed to back pay

Article By: Sarah Cappello Cappello Rowe Lawyers Sydney Recently the Federal Court handed down a decision about sick leave that has the potential to leave many businesses exposed. The controversial decision, handed down on 21 August 2019, confirms that all employees, including part time employees, are entitled to a full…

Understanding unfair dismissal claims

Unfair dismissal matters can be complex and frustrating for both employers and employees alike. Since the commencement of the Fair Work Act in 2009, employers have had expanded responsibilities to ensure they correctly terminate employees and more employees are able to successfully make unfair dismissal claims. At the same time…

Buying a property – avoiding the traps before signing a contract

Buying a home is the biggest investment or financial outlay that most of us will make in a lifetime. It is critical to your financial future that you make well-informed decisions when you purchase a property, whether it be for your own home or an investment. The Contract for Sale…

Attention to Detail – Defects in Statutory Demands

A statutory demand is a useful way to exert pressure on a company to force it to pay its debts. However, a creditor using a statutory demand to quickly recover a debt can run into trouble if the legal requirements regarding the form and wording of the statutory demand are…

Enduring Powers of Attorney explained

A lot of people have heard of a Power of Attorney however most do not fully appreciate the extent of its power, the benefits it delivers or the types of Powers of Attorney that exist. A Power of Attorney is a useful legal document used to allow someone to handle…

Business Structures: Company

When commencing a business venture, it is necessary to consider the most appropriate type of business structure to put in place. Different business structures have different benefits and disadvantages. This article looks at companies – how to set one up and the pros and cons of a company structure. Key…

An Overview of Guarantees and Indemnities

It is important that anyone who is asked to provide a guarantee or indemnity understands precisely what their liabilities are under the arrangements. In this article, we identify the distinguishing features of both guarantees and indemnities and consider the significant differences between the 2 kinds of arrangements. Features of a…

The problem with death (another one) and your superannuation

A macabre thought. Imagine (apart from being a great Dad and valued husband) you are the sole breadwinner for your family of five. Imagine one day, (and contrary to your reasonable hope or expectation of the standard 84 odd years) you drop dead suddenly. What happens now? What sort of…

Are you a director of an insolvent company?

During difficult economic conditions it is important that all directors revisit their duties as directors and are aware of how the board should deal with the situation where a company is in financial difficulty and may be insolvent. What is insolvency? A company is deemed to be insolvent when it…