Workers’ duty to communicate when absent through illness
Even when absent due to legitimate illness or injury, workers have to stay in communication with their employer, or they may be dismissed. 
Mr Laviano was absent from work for an extended period due to a psychological injury. He had received medical advice not to read or access any communication from his employer for a part of that absence – a period of about two months – but that advice was not passed onto the employer. During this time, the employer wrote to him advising of a medical appointment. Read the rest of this entry »
A new streamlined approach to enforcing orders
The enforcement of parenting orders in the Family Law Courts has long been a difficult issue, as:
- Judges generally do not welcome these applications, as they are often the product of a more serious underlying issue which cannot be fixed by a penalty; and they take away from the very limited time the Court has allocated to it to determine substantive proceedings (the final orders application).
- Solicitors are mindful of the Court’s view, and the higher risk of costs orders for parties (both applicants and respondents), and are careful when determining whether or not such an application should be brought.
However, with the increasing number of self-represented litigants in the Court system, the prevalence of these applications is increasing as people look for a “quick fix” to the problem.
Read the rest of this entry »
Are you ready for the changes to retail leasing?
Despite the fact that Retail Leases Act 1994 NSW (“the Act“) has been in operation for some 23 years, compliance with the Act is often rare. 
Just as Practitioners appear to be wrapping their heads around the operation of the Act, the Retail Leases Amendment (Review) Bill 2017 NSW (“the Bill“) was passed by the NSW Parliament on 21 February 2017. The Bill amends the Act in a number of areas. To assist you with understanding the changes as early as possible this time, I have set out the following “Cheat Sheet” warning of the major changes to the Act. Read the rest of this entry »
When ‘missing home’ becomes child abduction
We live in a global village. Our children, friends and relatives travel the world frequently. They meet, fall in love and partner people from other countries. Frequently they settle down and start families and make difficult decisions when deciding which country will be their home country to raise their children. Relationships can be tough and their lives are often subject to different and complex pressures leading to relationship breakdown. 
It is not uncommon for a stay-at-home parent living in a foreign country to feel isolated and to want to return to their home country in order to be near family support and better job opportunities. Some simply up and leave with the children. Others visit overseas family with their children for a holiday, and whilst on holiday choose not to return to their partner and former place of residence. Real people; real problems and difficult solutions.
