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Reshmas Farrer Adren Choon Lewis Holdway Lawyers Melbourne

Lewis Holdway welcomes new lawyers, Reshma Farrer and Adren Choon

November 15, 2018

We are delighted to announce that Adren Choon and Reshma Farrer have been admitted to practice as solicitors at the Supreme Court of Victoria.  Lewis Holdway Principals, Natalie Fielding, Paul Holdway and John Wardlaw, said it was exciting for the firm to witness and facilitate the development of Adren and Reshma after both completing combined Bachelor…

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Is This The End of Trading Names?

November 5, 2018

The Australian Securities & Investments Commission (ASIC) is working with the Australian Business Register (ABR) to retire the use of trading names in Australia. After 31 October 2018, trading names will no longer be displayed on the ABR (including the ABN Lookup). Trading names in the ABR A trading name refers to an unregistered name that businesses could use before the…

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Get it in writing: why high stakes agreements are best written up.

October 22, 2018

The recent case of Pipikos v Trayans [2018] HCA 39 is a sage reminder that you are safest when your agreements are in writing. In this case, Ms Velika Trayans had bought a property in 2002 at Clark Road, Virginia South Australia (“Clark Property”) with her then husband George. In 2004, George’s brother, Mr Leon…

It’s time: dismissal resulting from change of roster

October 1, 2018

What happens when an employee wants to change their hours due to study commitments? What happens if your employer cannot make reasonable adjustments to grant the request? The recent decision of Hoult v Belgravia Health and Leisure is a timely reminder to all employers that requests to reduce hours by employees don’t have to be…

Australian Consumer Law Breach Penalties Lawyers Melbourne

Increased Penalties Under the ACL

September 24, 2018

The Australian Consumer Law (ACL) has been amended to increase the maximum penalties that can be handed down for breaching the ACL. The increase came into effect on 1 September 2018. Previously, companies faced a maximum penalty of $1.1 million per consumer law breach and individuals faced a maximum penalty of $220,000 per breach. The amendments are…

leave calculations employment workplace lawyers melbourne

Shift Cautiously:

Leave calculations under review

September 3, 2018

A recent decision of the Fair Work Commission (FWC) has raised serious questions regarding how leave should be calculated. In short, the Full Bench of the FWC decided that a shift workers leave should be calculated based on the hours worked in a shift and not based on standardised hours of 7.6 per day. For…

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Let’s not drink to that – termination valid for drunk employee at Christmas party

August 30, 2018

The recent case of Vai v Aldi Stores is a warning to employees that after-hours misbehaviour can lead to termination of employment.  In this case, Vai threw a glass of beer over the heads of colleagues at a staff Christmas party. This incident occurred after the employee had been counselled by managers to settle down…

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Pedalling Uphill: Failure to give notice puts a brake on unfair dismissal

August 21, 2018

In the recent appeal decision of Miller v Urban Pedaler [2018] FWCFB 4166, the Fair Work Commission has sent a stark warning to all employers that raising performance issues and informing an employee that they are at risk of losing their employment must be dealt with appropriately. Background of Case In this case the Employer…

paid paternal leave underpayment employment lawyers melbourne

Parental Leave – Pay it or else

August 16, 2018

The decision of FWO v Noorpreet Pty Ltd is a decision that should put all employers on alert in relation to paid parental leave. The case was a prosecution undertaken by the Fair Work Ombudsman after an employer failed to pay an employee her government parental leave entitlements for more then five months. The employer…

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Do it right: Don’t sack by phone, email or text

August 9, 2018

The recent decision of Cachia v Scobel is a timely reminder that sacking an employee should be done in person. In this case the employer had followed the Small Business Code to conduct the process of termination, but when it came time to notify the employee that their employment was terminated they did so by…

Don’t get left behind: Changes to Long Service Leave in Victoria

July 26, 2018

New changes to long service leave will affect all employers from 1 November 2018. The new changes represent a huge win for women, parents, and carers across Victoria in terms of flexibility of use of leave entitlements and the calculation of entitlements. But what practical effect will these changes have? The Victorian Parliament has recently…

Family Law Q&A – Financial Settlements – Part 4

July 12, 2018

Episode 4: Financial Settlements If you go through a process of separation or divorce, do you have to have a financial settlement? You don’t have to have a financial settlement, however you leave yourself at risk of a claim in the future by your spouse or partner if you do not, particularly if you don’t…