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Following separation, meeting financial obligations can feel overwhelming and many people do not know of the options available to them.

If you are recently separated, you may be entitled to a portion of your ex-partner's superannuation, or conversely, they might be entitled to a share of yours.

The Closing the Loopholes legislation includes principles to apply when determining the ordinary meaning of an 'employer' and 'employee' and requiring an assessment of the real substance, practical reality and true nature of the working relationship by considering the 'totality' of the relationship.

On 8 April 2021, the complainant (whom we will call Kylie) had a medical episode in her employer’s carpark. The episode was the result of a pre-existing medical condition which Kylie had not disclosed to her employer. Approximately seven other employees saw Kylie lying on the carpark floor apparently unconscious and provided her with CPR.

Aitken Partners is pleased to announce the appointment of Mike Chenoweth, as Equity Principal, effective 1 July 2024. Mike joined the firm two and a half years ago and is an integral member of the Insolvency and Litigation teams. He is a highly experienced practitioner encompassing commercial litigation, general commercial, and insolvency matters and acts for a wide range of clients including public and private corporate entities, aged care providers, professional service providers and private clients.

The Fair Work Commission (FWC) recently had to determine if an employee was required to check their emails during the taking of personal leave to meet the deadline for filing a general protections claim after being dismissed (Michelle Sciberras v Labour Solutions Australia Pty Ltd [2024] FWC 1615 (21 June 2024)).

The Victorian Government is contemplating substantial changes to probate fees, with a recent paper outlining potential reform options and seeking feedback by 19 July 2024.

Businesses are required to comply with the new laws which give employees the right to disconnect outside working hours...

The changes to casual employment in the Fair Work Legislation Amendment (Closing the Loopholes) Act will commence on 26 August 2024.

A Family Violence Safety Notice is a notice issued by police to someone that they reasonably believe has committed family violence, and the safety notice is necessary for the safety...

Recent case law has affirmed the Fair Work Commission’s position that it will not make orders to stop sexual harassment when the alleged harasser is no longer employed by the Company (Application by AB [2024] FWC 967).

Outgoings in a commercial lease are payable by the tenant. However, a landlord cannot pass on all expenses to a tenant.

A tenant may wish to assign their lease in certain circumstances, for example if they sell their business, or if the premises’ is no longer suitable.

Assessing the validity of PPSR registrations is an emerging issue in the insolvency space. Usually, the question to be determined concerns the financing statement information relating to a grantor – the one providing the security to another.

In this article, we explore some key decisions and points made by Australian Courts regarding statutory demand (SD) – an imperative mechanism for creditors against corporate debtors.

There are a few avenues to terminate a commercial lease early, most of which will depend on the terms of your lease agreement.

Make good clauses dictate how the tenant should vacate the property once the lease comes to an end, imposing a legal obligation to restore the premises to its original condition before the commencement of the lease.

The first step to securing a non-retail commercial lease is often execution of a ‘Heads of Agreement’. This is a document signed by both tenant and landlord in anticipation of executing a formal lease, used during the negotiation stage of leasing wherein both parties recognised the key terms of the lease (such as the lease term, financial provisions and details of the premises).

The classification of a lease is an important exercise for both landlord and tenant alike. If the lease is classified as ‘retail’, a tenant is afforded more protection under the Retail Leases Act 2003, which are normally unavailable to commercial lease tenants.

If you decide to purchase a flat, apartment or unit, you most likely will become a member of an ‘owners corporation’. This is because these properties generally share access to common property or utilities/services.