CML Lawyers

Is Mr Fluffy in your Roof?

The Government will test for free if you register before 1 August 2016.  If you do not register for testing by 1 August 2016 you will not have access to Government compensation  if your property is affected by Mr Fluffy. If your house was constructed before 1980, you should register for free ceiling insulation testing. You must […]

Not too Drunk to Get the Sack

Wining and dining is an aspect of today’s workplace culture, for insurance broker Mitchell Innes a night of drinking on the company tab meant the end of his employment with Willis Australia Group Services (‘Willis’). The Story Mr Innes attended a work conference in Melbourne late October 2012, during the conference he and a number […]

Australian Charities and Not-for-profits Commission (ACNC)

Former Prime Minister Tony Abbott said he would abolish the Australian Charities and Not-for-Profits Commission (ACNC). However, the Turnbull government has decided to keep the independent national regulator of charities. In a joint media release on 4 March 2016, the Minister for Social Services and the Minister for Small Business announced the retention of the […]

Would Sir or Madam like a Contract “to go” with those Mutual Wills?

Many couples make Wills on the same terms – they choose the same executors, beneficiaries, and asset distribution.  However, there is nothing to stop one – or both – changing his or her will to dis-inherit beneficiaries that the couple had jointly understood would benefit on death.  Absent a formal contract to make mutual wills, […]

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 […]

Protection for Small Businesses against Unfair Contract Terms from November 2016

From 12 November 2016 the unfair contracts provisions of the consumer law will be extended to cover standard form contracts involving small businesses. The Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015 recognises the disparity in bargaining power between small businesses and their larger cousins and extends to them the protections currently […]

Statutory limitation periods in child abuse cases removed in NSW

The NSW Parliament has recently removed the limitation period that applies to all damages claims for child abuse. The Limitation Amendment (Child Abuse) Act 2016 implements the recommendations of the Royal Commission regarding Institutional Responses to Child Sexual Abuse. Recommendation from the Royal Commission The Royal Commission found that limitation periods act as a substantial […]

Last Minute Asset Protection: Not So Super

Even where you operate your business through a company, you can, as a director, be personally liable for claims arising out of the company’s activities. The corporate shield has long been split asunder both by judge-made law and a myriad of statutes. So, apart from taking out insurance for obvious risks (such as for personal […]

‘Chucking a Sickie’? Just Chuck it or Get Chucked!

Australia Day is right around the corner. This year the public holiday falls on a Tuesday.  So who wouldn’t be tempted to turn the celebrations into a four day long-weekend, by ‘chucking a sickie’ in the great Aussie tradition on the Monday immediately prior?  Well, think again.  You might just find yourself out of work […]

High Court Triangulates Labour Hire Sham Contracting

Employers that once thought they could avoid the sham contracting prohibitions in section 357 of the Fair Work Act 2009 (FWA) may have to review their operations. Interposing an independent labour hire company between the company and their workers, or "conversion" of employees into independent contractors, will not necessarily work. In a case handed down on 2 December 2015, […]