CML Lawyers

High Income Threshold and Compensation Cap for Unfair Dismissal Applications – 1 July 2016

Employers should be alert to changes to worker entitlements effective 1 July 2016:  Unfair Dismissal High Income Threshold; Compensation Cap for Unfair Dismissal; Redundancy Tax Free Amount; Employment Termination Payments (ETP) Lower Tax Rate Cap; and Superannuation Maximum Contribution Base. Unfair Dismissal High Income Threshold From 1 July 2016, the High Income Threshold will increase from […]

38th JP Morgan Corporate Challenge

On Wednesday 12 November 2014 CML Lawyers again participated in the 38th JP Morgan Corporate challenge, a 5.6km run around Centennial Park. The challenge supports charities all around the world. This year's donation will go to the not for profit "The Indigenous Marathon Project" founded by Rob de Castella.  IMP used marathon running to show the incredible capacity of […]

BEFORE YOU BUY – DUE DILIGENCE

The property market is booming and everyone is scrambling over each other to get into it.  We get calls all week: there’s an auction Saturday, can you review a contract quickly.  Well, we sure can, but there is an unfortunate circularity around real estate due diligence – how do you get over the property quality […]

JP Morgan Corporate Challenge Event

On Wednesday 13 November 2013 CML Lawyers put away their pens and paper and participated in the 37th JP Morgan Corporate challenge, a 5.6km run around Centennial Park. The challenge supports charities all around the world. This year more than $700,000 will be donated from the proceeds of the challenge. The profits generated in […]

Building defects – liability of the builder to a subsequent owner

On 25 September, 2013 the NSW Court of Appeal  handed down judgment in The Owners – Strata Plan No 61288 v Brookfield Australia Investments Ltd.  Brookfield (then called Multiplex Constructions Pty Ltd) constructed serviced apartments under a construction contract with a Developer. Following completion of the building a strata plan was registered. Latent defects in the serviced apartments were later discovered […]

Poached Talent Fried on Costs

The longstanding battle between HRX and Talent2 has erupted again, this time with Talent2 losing out to HRX. A number of HRX employees have left HRX for Talent2.  However it was the departure of Mr Scott to Talent2 that led to Talent2, that was not even a party to the litigation, being ordered to pay […]

CASUAL APPROACH TO LOADING TRIGGERS $50K IN FINES

A recent Federal Circuit Court decision demonstrates that the Fair Work Commission (‘FWC’) is taking the underpayment of workers’ wages and entitlements seriously. During the three years that Gail Keen was a casual employee of New Image Photographics Pty Ltd (‘New Image’) she was underpaid $19,314 due to New Image’s disregard for the minimum wage, […]

Does your company own your CEO’s emails?

A UK court has found that a company does not own its CEO’s emails if they are not held on its servers. A former CEO of a UK company had his company emails automatically forwarded to his personal email address. A dispute arose around the construction of a 50,000 dead weight tonnage vessel, relating to […]

Restraining ex-employees from poaching clients

Contracts to stop an ex-employee from poaching a company’s clients need to be carefully worded. A post-employment solicitation restraint is a clause in an employment contract that seeks to ensure employees leaving a company do not take the company’s existing clients with them. This generally means an employee is forbidden from advertising or soliciting custom […]