CML Lawyers

More B2B Compliance from 1 July 2021 – New $100,000 Threshold for Consumer Guarantee

More B2B Compliance from 1 July 2021 – New $100,000 Threshold for Consumer Guarantee   The definition of a business consumer under the Australian Consumer Law just keeps expanding. In late 2016, small businesses became business consumers under the ACL so they could get ACL unfair contract terms relief when signing standard form contracts – […]

Can Employers Require COVID-19 Vaccination? Not Yet!

Can Employers Require COVID-19 Vaccination? Not Yet! The Fair Work Ombudsman (FWO) and Safe Work Australia (SWA) are telling employers and employees that by and large: employers will be unable to require vaccination by their employees. employees will be unable to refuse to work because a colleague is unvaccinated. Peter McNamara says: “Employers should still […]

High Income Threshold and Compensation Cap for Unfair Dismissal Applications – 1 July 2021

High Income Threshold and Compensation Cap for Unfair Dismissal Applications – 1 July 2021 Employers should be alert to current worker entitlements: Unfair Dismissal High Income Threshold; Compensation Cap for Unfair Dismissal; Redundancy Tax Free Amount; Employment Termination Payments (ETP) Lower Tax Rate Cap; Superannuation Maximum Contribution Base; and Civil Penalties for Breaches of the […]

Two Strikes and You’re Out – Short Term Rental Code

Two Strikes and You’re Out – Short Term Rental Code The NSW Government has given property investors and their neighbours a special Christmas present.  From 18 December 2020 a new Code of Conduct applies in NSW to all short term letting.  Media attention has been on the tighter rules for unruly guests with “two strikes […]

When helping your kids get into the property market can backfire

When helping your kids get into the property market can backfire   Parents can contribute funds to help their children buy a home or investment. But what happens, years down the track, when the child leaves a marriage or de facto relationship?   Peter McNamara wrote previously about the case where the courts found that a daughter […]

First-Home Buyers, stamp duty relief and parental loans that become gifts

First-Home Buyers, stamp duty relief and parental loans that become gifts   From 1 August 2020, first-home buyers in NSW will save stamp duty of up to $31,355 for purchases of new homes up to $800,000 (up from $650K), with the saving phasing out at $1 million and for vacant land up to $400,000 (up […]

The Folau Saga: Contractual Obligations and Freedom of Religion

The Folau Saga: Contractual Obligations and Freedom of Religion Although Israel Folau recently reached a confidential settlement with Rugby Australia, the termination of Folau’s contract reinvigorated debate about religious freedom for employees and their contracts. Intuitively, perhaps, employers should only be able to restrict employees’ conduct within the workplace, whether that be an office or a rugby pitch. However, this […]

Your Intellectual Property rights were less protected from 13 September 2019!

Your Intellectual Property rights were less protected from 13 September 2019! Australian corporations might once have entered intellectual property license agreements and registered trademarks without being overly concerned with competition compliance. This relaxed attitude was supported by the Competition and Consumer Act 2010 (the CCA) that provided a “safe haven” for such transactions, at least […]

Work Safety

Work safety Employers can now subscribe to industry specific COVID-19 Safety Updates at the link here. Employers should direct those responsible to subscribe to the updates for their industry sector.   The initiative arises from the National Cabinet decision to develop nationally-consistent, industry-specific work health and safety (WHS) guidance on COVID-19 through Safe Work Australia, […]