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Litigation and dispute resolution Articles

Corporate Insolvency – what are the options?

A director of a company has a duty to prevent the company from insolvent trading. There are options available to directors of companies experiencing financial difficulties.  The best option will depend on the solvency of the company and the br...

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Personal liability for company directors

A company is an association incorporated under the Corporations Act 2001 (Cth) (the ‘Act’). The effect of incorporation gives the company a separate entity, distinct from its directors and shareholders. It can enter into contracts, sue ...

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Do you know about Adverse Action claims?

The Fair Work Act 2009 provides that an employee has a workplace right to make a complaint or an enquiry in relation to his or her employment. An employer will contravene the Act if the employer takes "adverse action" against the employe...

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Statutory Demand process

A Statutory Demand can be a useful way to apply pressure to a company to force it to pay a debt about which:- 1.     the amount is certain; and 2.     there is no dispute about whether or not the debt is due.   A cr...

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Does your employment contract measure up?

If you are entering into an employment contract do you know what should be included? If you are an employer and using an old contract, should it be reviewed first? It is clear contracts should be individually structured to meet the needs of those i...

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Workplace Bullying

One in three workers have been bullied at work, with over half of them being the victim of persistent office gossip or malicious rumours.  Micro managers breathing down employee's necks are also a major complaint, with a large percentage o...

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Understanding Unfair Dismissal Claims

Unfair dismissal matters can be complex and frustrating for both employers and employees alike.  Since the commencement of the Fair Work Act in 2009, employers have had expanded responsibilities to ensure they correctly terminate employees and...

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Avoiding redundancy traps

Employers can easily fall into dispute with their employees by failing to properly handle redundancies. There is often uncertainty surrounding redundancy, in terms of handling it within the law, as well as cost. Redundancy commonly occurs when a b...

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