Is unfair dismissal compensation taxable?
This issue can be of real practical importance, particularly to a dismissed worker, because knowing how much will be received “in the hand” is often an important factor in trying to negotiate settlements in unfair dismissal claims.
The reality is that whether or not a payment is taxable often depends on the nature of the payment. As a general proposition, compensation for wrongful dismissal is regarded as “capital” in nature and is not taxable but that is not universally the case. If a settlement includes components for unpaid wages or payment in lieu of notice (as well as compensation for wrongful dismissal) the whole of the payment can potentially be taxable unless the different component parts are clearly identified. Read the rest of this entry »
Keeping the pirates at bay
In December 2016 the Federal Court of Australia handed down its decision in Roadshow Films Pty Ltd v Telstra Corporation Ltd [2016] FCA 1503. This case represents a clear win for copyright holders.
The applicants, Foxtel and Roadshow Films, applied to the Court for an order requiring Internet Service Providers (ISPs) such as Telstra, Optus and TPG to block access to websites such as The Pirate Bay, Torrentz, TorrentHound, IsoHunt, and Solar Movie. Read the rest of this entry »
Publishing pictures of a mullet hairstyle: humorous or defamatory?
In some preliminary Court hearings in the District Court of NSW, the Court considered a case brought by a Sydney teenager relating to his extreme mullet haircut. 
Ali Mosslnani (known as Ziggy) filed defamation proceedings against various media outlets, including Nationwide News and Australian Radio Network. The case arose after the media outlets published photos of the teenager featuring his mullet haircut and describing it as a “ridiculous haircut” and/or a “shameful haircut”. Ziggy claimed that by publishing the photos the media outlets subjected the teenager to ridicule by the public and it was implied that he was a “stupid person” and deserved to be ridiculed because of his haircut. Read the rest of this entry »
Court returns child to Ghana
From time to time the Australian courts are required to decide with which parent, and in which country, a child should live until it can be determined which country’s Courts will resolve the matter on a final basis.
In the recent case of Acquaah-Akuffo and Abioye (2016) the Full Court of the Family Court of Australia dismissed a Father’s appeal against orders to return a child to Ghana pending the determination of which country was the appropriate forum for the final hearing.
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What happens when Orders are appealed?
We often bring you tales of decisions being appealed – either successfully or unsuccessfully – but today we consider what happens to Orders during the appeal process.
In the matter of Lockley & Bardot [2016] the trial Judge made parenting Orders. These Orders involved a substantial change in the arrangements for the child: the child’s residence was to change, from the mother’s to the father’s, and the father was to have sole parental responsibility for the child. Read the rest of this entry »
Residential tenants – do you sub-lease to roommates?
Are you a tenant in a share house and the only person on the Lease? If the answer to this question is yes, it is likely that you are actually subleasing the property for the purposes of the Residential Tenancies Act 2010. There are a number of important considerations you should be aware of if you are subleasing a residential property, including: