Archive


Rigby Cooke Lawyers is proud to acknowledge the exceptional work of our legal staff by announcing four Senior Associate promotions across our Litigation & Dispute Resolution, Planning & Environment, Property and Wills & Estates teams.

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The first question many clients ask when we raise the issue of digital assets is…‘What are they?’

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Annual Wage Review Decision

On 1 June 2018, the Fair Work Commission handed down its 2018 Annual Wage Review Decision. The key elements of the decision are:

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Refer to our article Preparing for 1 July 2018 – increases to wages and remuneration for more information.

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Transport companies often have people working for them, or providing services to them, in a number of different capacities. In addition to full-time, part-time and casual employees, transport companies may engage drivers or other workers who are described as independent contractors and who may rely exclusively on the transport company for work and income and be subject to significant control of their activities by the transport company.

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In follow up to our recent artcile titled Independent Contractors or Employees, while it’s one thing to know the difference between employees and independent contractors, an important issue to consider is the consequences for getting the classification wrong.

Chief among the problems for treating employees as if they are independent contractors is the significant negative tax consequences.

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Transporting goods by road can be a risky and expensive process.

The risk of damage to or loss of goods transported by road is a real concern for not only the seller and buyer of those goods but also the private carrier responsible for transporting the goods.

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Incorrectly assuming that an employee is a casual, rather than a full time or part time employee can be a very costly mistake, as a recent Federal Circuit Court decision has again highlighted.

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An employee’s contract reaches its expiry date and the employment ends. Can the employee claim that they were unfairly dismissed?

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Demotion of an employee may arise when there is a change in the operational requirements of a role or as a disciplinary consequence following an employee’s unsatisfactory performance or conduct. A demotion is not a dismissal, rather it may include a reduction in one or more of an employee’s title, duties, rank, status or pay. The Fair Work Act 2009 (Cth) (FW Act) - Section 386 clarifies the distinction between a dismissal and a demotion as follows:

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