Lewis Holdway News
Trusts – Are your assets really protected?
Lots of families have Discretionary Trusts (often simply known as “the family trust”) which they run their business through, or which hold investments for them. They are often intended to assist in protecting assets from civil liability or to allow for tax planning. Another objective which people sometimes have is to limit their exposure to…
Intervention Orders: Common Traps
Intervention Orders are quite common in high-conflict situations like relationship breakdowns, and so they are something we deal with frequently in our family law practice. Despite how often they come up, people often misunderstand how they work. This is a real problem because there are serious, criminal consequences for breaches of Intervention Orders. Some of…
Parenting and Separation: How to avoid the Nightmare Before Christmas
The festive season can be a wonderfully exciting time for families, but it can also be an overwhelming and stressful time, especially when a family is going through a separation. Uncertainty and confusion about arrangements for what time the children will spend with each parent over Christmas is very common and can be one of…
“Don’t Delay! Payment Claim!” – Top 5 Common Misconceptions of the Security of Payment Regime
The Building and Construction Industry Security of Payment Act Regime (SOP Act) has proven to be an effective way for sub-contractors and contractors in the construction industry to be paid on time for their services. The SOP Act operates unlike any other piece of legislation. It was enacted to address: protracted and unjustified delays in…
Changes to Modern Award annualised salary from March 2020
The Fair Work Commission (FWC) has recently handed down a decision which will impact employers paying annualised salaries to employees covered by a Modern Award with an annualised salary clause. The new changes will take effect from 1 March 2020. The FWC decision finalises the terms of 3 new standard ‘annualised salary arrangement’ clauses, which…
The External Conduct Standards are here – are you complying with them?
The Australian Charities and Not-for-profits Commission (“ACNC”) External Conduct Standards have now taken effect. The standards apply to all registered ACNC charities that operate overseas or work with a third party that operates overseas. Are your directors and responsible persons aware of how these standards may apply to your charity? On 23 July 2019, the…
Crackdown on Underpayment of Wages
Federal Parliament is foreshadowing strong new penalties for employers who underpay their workers, including the introduction of criminal penalties. Recent Cases Underpayment has hit the headlines recently as George Calombaris has been ordered to pay a fine of $200,000 for the underpayment of $7.8 million. The penalty of $200,000 has been labelled as inadequate by…
Employers Beware: The Privacy Act and Employee Data
By Micaela Manning Did you know that the Privacy Act 1988 (Cth) could apply to personal information that you collect from your employees? At the start of their employment, you collect lots of information from your employees: contact details, their previous employment history, academic record, medical information, superannuation details and bank account details. Once they…
Lewis Holdway is pleased to announce
Lewis Holdway Lawyers is pleased to announce the appointment of Nahum Ayliffe, Senior Associate in the Dispute Resolution practice group Nahum Ayliffe is an experienced dispute resolution lawyer with a focus on complex insolvency and commercial disputes. With qualifications in commerce and law, Nahum advises liquidators and trustees along with company directors, and has successfully…
Protecting Your Name – legal names, business names, trademarks and domain names
By Reshma Farrer One of the most valuable assets for businesses is their name. It is how customers know who you are and whether they can trust you. However, often businesses have more than just one name – they could have their legal name, business name, trademark or domain name – and each of…
In the Gig Economy, some have stopped giggling
A recent decision by the Fair Work Commission (‘FWC’) found that a former Foodora rider was an employee rather than an independent contractor as purported by the delivery platform and therefore entitled to unfair dismissal protection. The decision of Joshua Klooger v Foodora Australia Pty Ltd could have far-reaching impact for other gig economy companies…
New Family Violence Website
National Legal Aid has recently launched a website called “Family Violence Law Help” for people affected by family violence. The website contains comprehensive information on various aspects of family violence, family law and where you can get help. You can access the website here. Family violence is behaviour that controls someone or causes someone to…