Unfair dismissal at the end of a fixed term contract. Wait, what…?

Fixed-term employment contracts (such as where a person is employed for, say 6 months) are common in many workplaces. Understandably, most employers consider they would be protected from an unfair dismissal claim once the term ends. However, in the case of Saeid Khayam v Navitas English Pty Ltd t/a Navitas English [2017] FWCFB 5162 the […]

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De facto relationships and will contests

All jurisdictions in Australia provide statutory rights for eligible persons to contest a will if they can show that they have been left without adequate provision. In Western Australia, an eligible person includes: a spouse or de facto partner; a person receiving or entitled to receive maintenance from the deceased as a former spouse or […]

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COVID-19 Commercial Leasing Code of Conduct (WA)

The Commercial Tenancies (COVID-19 Response) Regulations 2020 (the Regulations) came into effect on 29 May 2020. The Regulations contain (at Schedule 1) the much-anticipated commercial leasing code of conduct (the Code) relating to rent-relief negotiations for small businesses affected by COVID-19 closures and restrictions. The WA Code is based on the National Code, which we […]

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Business Structures 101 – Trusts

When commencing a business venture, you will need to consider the most appropriate type of business structure to put in place to operate your business. Different business structures have different advantages and disadvantages. This article looks at trusts – what they are, how to set up a trust and the advantages and disadvantages of the […]

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Can you fire an employee for breaching a workplace policy?

So, can you fire an employee for breaching a workplace policy? The short answer is—it depends. Businesses often have workplace policies in place that set out the standard of behaviour that is expected of their employees. Some examples of important workplace policies include: Codes of conduct; Health and safety policies; Bullying and harassment policies; Internet […]

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Commercial Leasing and COVID-19: Mandatory Code of Conduct released

The economic impact of COVID-19 on business generally, and commercial leasing arrangements is the focus of many landlords, tenants and governments. On 7 April 2020, the Federal Government released its much-anticipated Mandatory Code of Conduct – SME Commercial Leasing Principles during COVID-19 (the Code). The Code adopts and builds on principles from National Cabinet Meeting […]

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Business Structures 101 – Sole Trader

When commencing a business venture, it is important 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 the sole trader business structure – how to set up as one and the pros and cons of this structure.  This article […]

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Can a contract be suspended or terminated because of the COVID-19 pandemic?

The COVID-19 pandemic is having a significant influence on the responsibility of parties to perform in terms of commercial contracts. Some examples might be: A supplier agreed to supply certain products in terms of a contract, but due to the pandemic stock cannot be obtained to honour the contract. A contractor agreed to construct or […]

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Left out of a will?

Left out of a will? All jurisdictions in Australia provide statutory rights for eligible persons to contest a will, or distribution of an intestate estate if they can show that the proposed distribution does not adequately provide for their proper maintenance, support, education or advancement in life. If such a claim is successful, the Court […]

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