Employers have a responsibility to ensure their employees and people who apply to work for them are treated fairly. Set out in federal and state anti-discrimination legislation and the Fair Work Act…

During the course of your business, you may be required to terminate an employee. The Small Business Fair Dismissal Code operates to help employers follow a fair process and protect against unfair…

Working in a business environment, you will inevitably come across contracts at some point. There are basic employee contracts you will encounter when hiring or starting a new job, but then there…

Gender identity can be a sensitive subject but the need for awareness is ever growing. In Australia, sexual orientation, gender identity and intersex status are all protected under The Sex Discrimination Act…

A prenuptial agreement may be the last thing on your mind when you are getting married. Although it may not be a very romantic discussion, have this conversation with your partner so…

An employer can be held vicariously liable if they fail to take all reasonable steps to prevent workplace sexual harassment. Implement a sexual harassment policy consistent with discrimination legislation to avoid legal…

Employers must be mindful of disability laws to make sure they do not discriminate in their recruitment and workplace procedures. Workplace laws differ for each state, but the Disability Discrimination Act applies…

Contrary to popular belief, a will may be effectively changed after a person’s death. Entering into a deed of family arrangement is a way to vary the terms of a will and…

Starting a business with one or more partners means you should draft a co-founder agreement. A co-founder agreement will bind your partners to perform specific responsibilities, confer rights and obligations on each…

Annual leave or holiday pay, allows an employee to be paid while they have time off from work. The law confers obligations on employers to provide rights to their employees depending on…

It is essential to understand what your legal rights and responsibilities as a franchisee entail before buying a franchise. The franchise agreement is a legal document that includes the rights and responsibilities…

When you are let go by your employer, it is important to know if you have been sacked for a valid reason or unfairly dismissed. When you believe you have been unfairly…

It is important to understand what your legal obligations entail before you make an employee redundant. You must make sure it is a ‘genuine redundancy’. Otherwise, you risk the employee lodging an…

Separating from a partner can be a stressful time. There are many legal considerations to factor in when protecting your finances. To set yourself up for the future, consider the following upon…

Employers who hire and treat an employee as a contractor could face serious penalties as well as claims for super contributions and worker entitlements. A sham contracting arrangement refers to an employer…

The Fair Work Commission has announced they will increase the national minimum wage by 3.5 per cent from 1 July 2018. The current national minimum hourly wage of $18.29 will rise to…

It is a common misbelief that a Will is executed in a way the Testator originally plans it. When preparing your Will, it is important first to understand how another individual can…

When using an email marketing service for your business, it is important to ensure you are complying with Australian email marketing laws. The Spam Act 2003 (Cth) governs email marketing and messages…

Following new legislation introduced in November 2016 to provide protections to unfair contract terms for small business, the big four banks have changed their terms to meet new standards. The Australian Securities…

Workplace bullying can only impact a business negatively. It is imperative to be on the ball and stringent in creating an open and inclusive work environment for all who come into contact…

The beginning of the calendar year is the perfect time to revisit many of the business’ policies and procedures, including the workplace health and safety policy. It is common for these policies…

From 1 January 2018, the Fair Work Commission (FWC) has made some changes to casual and part-time entitlements in some awards. The FWC introduced overtime rates for casual employees in many awards…

Hefty penalties have been introduced in the Future of Financial Advice (FOFA) obligations by ASIC for financial services licensees breaching best interests duty. A civil penalty of over $1 million was imposed…

Giving your children a helping hand financially seems like the right thing to do, but it can easily go awry without proper documentation. Providing money to your adult children can pose all…

In a perfect world, sexual harassment would never occur, let alone in the workplace, but unfortunately, that is not the case. Sexual harassment, while it has reduced over the past decade due…

Hiring an intern can bring about mutual benefits for the intern and your business, but you could be supporting an unlawful business relationship if you aren’t careful. According to Fair Work Australia,…

If you find yourself in a position where you need to come to a settlement with the ATO, it is critical you understand the legalities behind the said settlement. Firstly, understand what…

Vulnerable workers are set to receive better protection after the Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 passed on 5 September. The Bill contains measures such as an increase in the…

As announced in the 2017 Federal Budget, the Government has created a new dispute resolution body – the Australian Financial Complaints Authority (AFCA) which will come into force by 1 July 2018.…

Dying intestate (without a Will) can pose many complications for the ordinary person. But when a sole director and shareholder of a company dies without a Will it can have an even…

In the Fair Work Commission’s (FWC) 4 yearly review of modern awards, the FWC has developed a draft model for 85 modern awards to contain a provision which will allow casual employees…

The start of the new financial year has seen some important changes to Australia’s employment laws. Not only do employers need to remain up to date and aware of amendments but they…

Information released in the ATO’s Practical Compliance Guideline 2017/6 has clarified much confusion surrounding superannuation reforms and the commutation of a death benefit income stream before 1 July 2017. When an individual…

The Fair Work Commission (FWC) has announced a 3.3 per cent increase in minimum wages starting from 1 July 2017. The new national minimum wage will be $694.90 per week or $18.29…

The Australian Competition and Consumer Commission (ACCC) has named its key enforcement and compliance focuses for 2017, including misleading and deceptive practices, anti-competitive conduct and unfair contract terms affecting small businesses. The…

Estate planning is an important aspect of managing your financial health. Having your affairs in order will help protect your assets and give you peace of mind. Here are three things to…

Setting up a self-managed super fund (SMSF) requires members to choose between using an individual or a corporate trustee. Each trustee structure has varying requirements and implications for the members of the…

When starting a business there are a multitude of things to consider: having enough money, will it be a success, how busy will you be, will it pay off, what kind of…

Protecting your staff from workplace bullying is necessary in this day and age; just as is protecting your business from potential lawsuits as a result of workplace bullying. According to the Fair…

With changes to Australia’s superannuation rules coming into play on 1 July 2017, self-managed super fund (SMSF) trustees would do well to review their fund’s trust deed. Despite the fact that maintaining…

Without an up-to-date and valid Will, you are missing out on a critical opportunity to make proper arrangements for your family’s future. For a Will to be considered valid: it must be…

Employers hold the responsibility of providing a workplace environment which is free from discrimination. Under the Fair Work Act 2009, unlawful workplace discrimination occurs when an employer takes adverse action against an…

The end of a relationship is a particularly difficult time for most individuals – among the emotional pain comes the burdensome administrative tasks such as sorting out finances. Although these tasks may…

Most businesses from time to time will need to dismiss a staff member. Employers must ensure they follow the correct procedures to ensure dismissal is not considered harsh, unjust or unreasonable. Small…

Confidential business information can be one of a business’ biggest assets. When employees leave a business, this data can be compromised and potentially lose a business’ competitive advantage. It is important for…

Personal guarantees are a standard business practice in commercial transactions, however, they are often misunderstood and can pose significant financial risks. A personal guarantee is an agreement of one party to answer…

Employers must be mindful of the legal consequences that may occur if they terminate an employee on the basis of excessive absenteeism. Under the Fair Work Act 2009 (Cth) an employee whose…

Since superannuation forms one of a couple’s biggest assets, splitting superannuation after a separation can be a complex process. Superannuation is treated as property under the Family Law Act 1975 (Cth). Once…

Most businesses will need to recover debt at some stage. Adopting credit control practices and a debt recovery procedure can help prevent debt and promptly collect outstanding payments. To minimise your risk…

A new law, introduced from 12 November 2016, will protect small businesses from unfair terms in standard form contracts. A standard form contract is one that has been prepared by one party…