SMSFs Investing in Unit Trusts

This article outlines some practical tips and traps related to investing in both related and unrelated unit trusts. 

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Important decision on misleading conduct by employers

The Federal Court’s recent decision in Moss v Lowe Hunt & Partners Pty Ltd [2010] FCA 1181 has shown that inducing an employee to enter into employment by stating that a business is successful, when in fact it is not, can be actionable misleading and deceptive conduct under the Trade Practices Act 1974.  If the employee suffers loss as a result of being induced to enter into that employment, then an action may be available to recover the loss. Read more of this post

Workplace Bullying – Conspiracy

If two or more persons are animated by a desire to harm a person, than that is considered a conspiracy to injure and is a criminal offence.

In McKernan v Fraser[1] the Court stated that:

 In an action against a set of persons in combination, a conspiracy to injure followed by actual injury, will have a good cause of action, and motive or intent when the act itself is not illegal is the essence of the conspiracy.  Read more of this post

Tullett Prebon litigation shows effect of employer not accepting repudiation by employee

Like any contract, an employment contract is not automatically terminated by an employer’s or employee’s repudiation, but only where that repudiation is accepted by the innocent party. This is despite the fact that the employment relationship (as distinct from the employment contract) will be brought to an end where there is a wrongful dismissal, or where the employee resigns in breach of contract, such that for most practical purposes the employment will be at an end at that time (Visscher v Guidice (2009) 239 CLR 361; [2009] HCA 34, at [53]-[55], and see the Employment Law Guide at [3.7.6]). Read more of this post

Workplace Bullying Litigation: A New Manual

The $37 million action against David Jones Ltd and its former CEO Mark McInnes by Kristy Fraser-Kirk has sent shock waves throughout the corporate world. This area of law is fast becoming a lucrative little earner for the legal fraternity. Harmers Workplace Lawyers got the type of front-page publicity that money can’t buy. Workplace Bullying Litigation Lawyers’ Manual will arm you with the knowledge to push yourself and your firm as a leader in this area of law, which will result in free publicity to promote your firm.

Workplace Bullying Litigation Lawyers’ Manual gives lawyers the bullets to fire for any workplace matter involving bullying, harassment, discrimination, breach of contract, tort and equity. It’s packed with cases, medical knowledge, legal scenarios and the most prominent research from the social sciences all geared to prove the workplace caused the injuries.

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When is a redundancy not a “genuine redundancy”?

If Fair Work Australia (FWA) is satisfied that a dismissal was for reasons of genuine redundancy, then the dismissed employee cannot claim unfair dismissal under the Fair Work Act 2009. 

“Genuine redundancy” is defined by s 389 of the Act.  That definition extends beyond the usual meaning of redundancy, and brings in considerations of whether the employer complied with any obligation to consult, and whether the employee could have been redeployed to another position.

A dismissal will only be a genuine redundancy for the purposes of the unfair dismissal provisions of the Fair Work Act 2009 where each of the following three conditions is satisfied. Read more of this post

Modern award wage changes take effect from 1 July

Nationally applicable modern awards are a key part of the new Federal industrial system introduced by the Fair Work Act 2009.

The initial ‘suite’ of about 120 modern awards has replaced approximately 1560 former Federal and State awards.  One effect of this is that the minimum award wage applicable to many employees has been increased, or decreased.  As part of the introduction of modern awards, Fair Work Australia has included transitional provisions in most modern awards which provide for the phasing-in of changes to award wages, as well as the phasing-in of casual loadings and penalty rates. Read more of this post

Fair Work Australia’s Annual Wage Review 2009-10

Fair Work Australia handed down its first Annual Wage Review decision on 3 June 2010: Annual Wage Review 2009-10 [2010] FWAFB 4000.  A statement summarising the decision is also available on Fair Work Australia’s website.  

Fair Work Australia decided on a flat dollar increase of $26 to all modern award minimum weekly wages, and an equivalent increase to the national minimum wage applicable to award free employees.  There will be proportionate increases to hourly minimum wage rates.  The increases will operate from the first pay period after 1 July 2010.  From that date the national minimum wage will be $15/hour, or $569.90/week. Read more of this post

National legal services award in operation

The Legal Services Award 2010 commenced operation from 1 January 2010 as part of the modern award system introduced by the Fair Work Act 2009.  The Award applies nationally and replaces State-based awards that had previously applied to law firms in some States, including in New South Wales, Victoria and South Australia.

The Award applies to, and sets minimum wages for, administrative staff, law graduates (not admitted to practice) and law clerks.  Unlike the State awards that applied previously in Victoria and South Australia, the new Award does not apply to lawyers admitted to practice.  It also does not apply to employees of community legal centres, aboriginal legal centres or employees working within an in-house legal department of an employer whose primary activity is not the provision of legal services. Read more of this post

Are you a teacher applying for a GSM visa?

If you are a qualified teacher, applying for visa under General Skilled Migration (“GSM”), you must  at least  have applied and (for  most GSM visa subclasses ) must have obtained, a suitable skills assessment from the relevant skills assessment body authorised by the Department of Immigration and Citizenship (“DIAC”) ,before you lodge your visa application.

The relevant skills assessment body for pre-school, primary school and secondary school teacher is no longer “Teaching Australia”. Read more of this post

Are you a tradesperson applying for a GSM visa?

Generally, before you may lodge your visa application under General Skilled Migration (“GSM”), you must obtain a suitable skills assessment for your nominated occupation from the relevant skills assessment body authorised by the Department of Immigration and Citizenship (“DIAC”). The relevant skills assessment body for trade occupations is Trade Recognition Australia (“TRA”).

TRA has issued its new criteria for the skills assessment of tradespersons which took effect from 1 January 2010. Read more of this post

Is your client affected by the new criteria of VETASSESS?

A suitable skills assessment is required for visa applications under the General Skilled Migration (GSM) and Employer Nomination Schemes (ENS). VETASSESS is the skills assessing authority authorised by the Department of Immigration and Citizenship (DIAC) to assess over 200 generalist occupations in the Managerial, Administrative, Professional and Associate Professional categories.

If your client qualifies for a suitable assessment now and may have difficulty in meeting the new criteria, you should consider advising your client to apply for skills assessment with VETASSESS before the changes take effect. Read more of this post