It is not unheard of for an office romance to take hold and in some circumstances, even lead to long-term love. In fact, according to a Seek survey, 30% of Australians have had a romantic relationship with someone at work. Close and long term personal friendships between colleagues are even more common, which is not surprising considering it is estimated that we spend a third of our adult lives at work. For employers, workplace relationships, romantic or otherwise, can raise a range of workplace risks and concerns and the solution is rarely black and white. This article explores an employee’s ..read more

As we approach the holidays, you might be lucky enough to receive a gift, whether that be from your employer, clients or fellow colleagues. However, should you accept it or politely decline? Receiving gifts at work may land you in trouble so how should you respond? Here are some tips to assist. Step #1 – Consider if it is actually ‘a gift’ versus ‘a perk/benefit’ In a recent employment matter, Snedden Hall & Gallop successfully argued that a ticket for a local Canberra rugby game, as accepted by an employee, was not considered ‘a gift’ but ‘a perk/ benefit’ of their position. This meant th ..read more

On 6 December 2023, new laws commence which will change the way that fixed-term employment contracts can be used. Here’s what you need to know to avoid litigation/ fines if you’re an employer, or an illegal termination to your employment if you’re an employee. Context Since the passing of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (‘the Act’) on 2 December 2022, there have been various changes in the employment space. We summarised these main changes and effects in our previous article here. In essence, the Act introduced new rights and obligations in the work ..read more

Navigating the Legal Landscape: AI Tools in Law Practice – Benefits and Risks In an era marked by rapid technological advancements, the legal field is undergoing a transformative shift through the integration of Artificial Intelligence (AI) tools like ChatGPT. These tools offer a range of promising benefits along with potential risks, influencing the practice of law. This blog post delves into the advantages and potential drawbacks of using AI tools like ChatGPT in the legal profession, providing insights for legal professionals and stakeholders alike. Benefits of AI Tools in Legal Practice ..read more

Australian citizens and permanent residents often seek to have their disabled adult siblings, who remain in their home countries, join them in Australia. Often in these situations their sibling is cared for by their parents, who may be elderly or ill, or both. Unfortunately, the migration system in Australia offers few, if any avenues, to allow these families to re-unite in Australia. There is for example, no separate subclass of “sibling visa” under the Migration Regulations 1994. In theory, if the parents are prepared to migrate, they may be able to include the disabled sibling as part of th ..read more

Everyone agrees that it is important for all workers to be as safe as possible whilst carrying out their work duties. In the ACT there is legislation known as the Work Health and Safety Act 2011 which sets out the obligations and responsibilities of all employers in terms of ensuring workplace health and safety. Compliance with those obligations is overseen by WorkSafe ACT and breaches of the law in that regard lead to prosecution. A separate issue arises for individual workers when they do suffer from injury. Those who are employed by a private (non-government) employer have rights which are ..read more

Historically, transferring assets into one of the spouse’s names has been used as a method to protects assets from a trustee in bankruptcy. However, in 2020 the Federal Court explored the circumstances where transferring the family home into the name of one of the spouse’s may not protect the bankrupt’s share of the house from the bankrupt’s trustee. In 2022, the Full Federal Court reversed this decision, primarily on the facts of that case. In Warner (Trustee), in the matter of McMillan (Bankrupt) v McMillan [2020] FCA 1759, Mr McMillan transferred his share in the family home in Strathf ..read more

Applicants for both Skilled and Humanitarian visas (as well as certain other visas) are entitled to include their immediate family as additional visa applicants. Thus, a migrant may be granted a subclass 482 (Temporary Skills Shortage) visa. This is a common employer sponsored visa where the applicant has skills that their employer has not been able to fill through the local labour market. If they have included their partner and children in their application, then each family member  is granted a subclass 482 visa for the same period and on the same conditions as the main applicant. The M ..read more

Ms Buljat went to a Coles store on 23 September 2017, and she fell after slipping on a grape at the premises. She brought a claim against Coles alleging that it failed to take reasonable precautions against the risk of injury arising as a result of potential slipping hazards on the floor in the area where Ms Buljat fell. On 18 March 2022, the ACT Supreme Court ruled that Coles had not breached its duty of care to Ms Buljat. Ms Buljat appealed to the ACT Court of Appeal, and that Court allowed the appeal in its judgment handed down on 16 December 2022. In respect of the alleged breach of duty o ..read more

Trade promotions are a crucial aspect of marketing and sales strategies for many businesses and can help to build brand awareness and increase sales. However, there are various legal requirements for a business to keep in mind when running a trade promotion. This article provides an overview of what trade promotions are, how they work, and how they are regulated in Australia. What are Trade Promotions? Trade promotions are short-term, free-to-enter competitions that aim to incentivize the purchase of a product or service. Trade promotions are divided into two categories: games of chance, in w ..read more