Blog

10 07, 2020

Employers Beware! Rossato Judgment a Win-Win for Employees

July 2020 | Jonathan Harris The Full Court of the Federal Court in WorkPac Pty Ltd v Rossato [2020] FCAFC 84 (Rossato) has again confirmed that a ‘casual’ employee who works systematic and regular hours is entitled to the same paid leave entitlements as permanent employees. Facts Between 28 July 2014 and 9 April 2018 Mr. Rossato was a mine-worker employed by recruitment agency WorkPac for companies within the Glencore Group. Between these dates Mr. Rossato was employed under

17 04, 2020

Let’s Talk About the Spanish Flu

April 2020 | Scott Freidman The Spanish flu lasted from January 1918 to December 1920. 500 million people were infected and the death toll is estimated to have been anywhere from 17 million to 100 million. Australia was not immune and it is believed to have been carried to our shores through returning WWI soldiers. Australia lost about 15,000 people.  How did the NSW government respond to the Spanish flu pandemic? In fact, very quickly! In November of 1918

15 04, 2020

When Was the Last Time Australia Enacted Moratorium Legislation? 

April 2020 | Scott Freidman Moratorium legislation is typically enacted in periods of civil unrest e.g. wars and recession. However, moratorium legislation can also be effective during periods of pandemic chaos. The word ‘moratorium’ is defined as “a temporary prohibition of an activity”. In a legal context, ‘moratorium legislation’ effects a temporary suspension of certain laws until such time as the suspension becomes unnecessary or issues related to the suspension have been resolved. The Federal Government has announced a

15 04, 2020

Don’t Forget to Claim the Tax Deductions Hiding in Your Home Office

April 2020 | Jonathan Harris In view of the outbreak of COVID-19, more and more office employees are being forced or encouraged to work from home where possible. As such, office employees must not forget to claim the tax deductions hiding in their home offices. On Tuesday, 7 April 2020, the ATO announced that taxpayers working from home could now claim 80 cents per hour for all of their running expenses (Shortcut Method), rather than calculating specific costs under

8 04, 2020

How Should My Business Approach the $1,500 Wage Subsidy?

April 2020 | Kieran Kelly The JobKeeper wage subsidy announced by the Federal Government last week was greeted with open arms by businesses and employees across Australia. Affected businesses will qualify for the subsidy if: they have a turnover less than $1 billion and turnover has decreased by at least 30%; or they have a turnover greater than $1 billion and turnover has decreased by at least 50%. Employees will be eligible if they: were employed by an eligible business

27 03, 2020

Residential Tenancy Laws – NSW Emergency Measures Legislation Update

March 2020 | Scott Freidman  On Wednesday, 25 March 2020, legislation came into effect giving the NSW Parliament powers to make new laws concerning residential tenancies in NSW to urgently address the unfolding health and economic crisis caused by the COVID-19 pandemic. The name of this legislation is the COVID-19 Legislation Amendment (Emergency Measures) Act 2020 (COVID-19 Act). The COVID-19 Act is designed to enable the NSW Parliament to pass legislation urgently, as and when needed, to protect the

26 03, 2020

Can a Tenant Terminate a Commercial Lease Due to the Coronavirus Crisis?

March 2020 | Kieran Kelly As businesses grind to a halt we have received many enquiries in relation to the rights of commercial landlords and tenants as the payment of rent becomes either difficult or impossible. The unprecedented measures introduced by the government to stem COVID-19 have already had a catastrophic impact on Australian businesses. The most sharply affected are those whose doors have already been ordered shut. They include pubs, restaurants, cafes, cinemas and gyms. As the economy

23 03, 2020

Insolvency & Bankruptcy Laws to be Relaxed 

March 2020 | Scott Freidman On 22 March 2020, the Morrison government announced that it will relax the insolvency and bankruptcy laws to keep businesses alive. We understand these measures will last for 6 months and will be passed by Parliament urgently. Here’s what you need to know: The government will increase the threshold at which a creditor can issue a statutory demand from $2,000 to $20,000. The threshold for the minimum amount of debt required for a creditor

23 03, 2020

Now Is the Time to Establish Your Business’ Survival Strategy

March 2020 | Scott Freidman The constantly changing conditions in which Australian businesses are operating are difficult to keep up with and it may be hard to see light on the other side of the coronavirus crisis. However, with correct and appropriate advice at an early stage you can take steps to be in the best possible position to rebound. Harris Freidman has long established relationships with a wide range of insolvency professionals who will: analyse your business and

18 03, 2020

Financial/Economic Abuse in Family Law: What Can I Do?

January 2019 | Ariza Arif The Family Law Act recognises financial abuse as a form of domestic and family violence. It is defined as: "unreasonably withholding financial support needed to meet the reasonable living expenses of the family member, or his or her child/ren, at a time when the family member is entirely or predominantly dependent on the person for financial support”. Financial/economic abuse, similar to emotional and psychological abuse, can be difficult to recognise and it can affect

29 11, 2019

I Want to See My Grandchildren, What Can I Do?

November 2019 | Ariza Arif Are you a grandparent who wants to spend time with your grandchildren? Did you know that grandparents can apply to a court under the Family Law Act for orders their grandchildren live with or spend time with them? It is often important for children to have a relationship with their grandparents. However, this does not mean grandparents have an automatic right to have contact with their grandchildren. It will always depend on what is

31 10, 2019

Whose Intellectual Property Is It Anyway?

October 2019 | Alex Shdidi When business owners are in the initial phases of building a business one aspect often overlooked is the protection of intellectual property (IP). This is understandable as the business owners are often thinking about cash-flow, increasing their customer base, marketing and the like, all of which are vital for the business. However, neglecting the IP needs of your business could prove costly in the long run. One such situation may occur when a  prospective