When your employees are regularly working hours beyond their contracted hours, or beyond 38 hours per week, there is a risk they will claim those additional hours are ‘unreasonable’.
We have summarised the law surrounding this claim and lessons from recent cases.
It is with deep sadness that Rigby Cooke Lawyers shares the news of the passing of our esteemed colleague and friend, Nicholas Holt (Nick).
Preparing a Will can seem like one of life’s administrative burdens. For many, the easiest and cheapest solution to deal with that burden is to download an ‘off the shelf’ Will template or a Will Kit you can purchase at the post office or newsagency.
This might seem like a cheap and effective outcome now, but beware of the risks as it could significantly increase legal and other costs for your Estate, or be the cause of disputes between family members, resulting in an irretrievable relationship breakdown.
The usual basis for a claimant to be compensated when a contract is breached is one of being restored to the same position it would have been in, had the contract been performed. In order to be awarded that compensation, the claimant needs to demonstrate that the loss arises from that breach.
On 3 June 2025, the Fair Work Commission handed down its 2025 Annual Wage Review decision.
Rigby Cooke Lawyers is delighted to share that we have been recognised among the best law firms in Melbourne for five areas of law in the second edition of Best Law Firms™ – Australia.
The Full Bench of the Fair Work Commission (FWC) has held that a school wrongly refused a teacher’s flexible working arrangement request, because its response did not meet all of the requirements set out in the Fair Work Act 2009 (Cth) (FW Act).
Being served with a subpoena can be stressful and daunting. However, you should not delay or fail to act upon receiving a subpoena.
Outlined below are key features of subpoenas.
In response to growing concerns over online harassment and the malicious exposure of personal information, the Australian Government introduced new criminal offences targeting doxxing in the Privacy and Other Legislation Amendment Act 2024 (Cth) in December 2024.
In this article, we explain doxxing and the two new criminal offences, which are now part of the Criminal Code Act 1995 (Cth).
The Aged Care Act 2004 (Cth) (Act) commences 1 July this year. The Act promotes the rights of those who access aged care services funded by the Australian Government and includes changes centred around the needs of patients. The reform comes as a result of concerns about various unsatisfactory examples of substandard care raised before the Royal Commission into Aged Care Quality and Safety, established in 2018.
In late 2024, the Privacy and Other Legislation Amendment Act 2024 (Cth) introduced a new statutory tort for serious invasion of privacy. This development marks a significant evolution in the Australian privacy law legal landscape, providing individuals with a clear and actionable right to seek redress for serious breaches of their privacy. It reflects growing public concern over personal information misuse and affirms the importance and value placed on privacy protection.
In this article, we explain the elements of the new tort of the serious invasion of privacy, the defences available for defendants and the damages available to complainants.
Over recent months, the Fair Work Commission (FWC) has decided on a number of cases involving disputes over breaches of workplace alcohol and drug (AD) policies.
In Benjamin Unicomb v SESLS Industrial Pty Ltd (U2024/8974), the FWC found that the termination of an employee for breaching the AD policy was unfair, and that employers need to consider if employees have understood the policy before the employee is sacked.
On 20 May 2025, Treasurer Jaclyn Symes handed down the Victorian State Budget 2025-26. While no new taxes have been announced, there is no relief in sight for landowners in respect of the various taxes currently in place. These include transfer duty, land tax, vacant residential land tax, foreign purchaser additional duty, absentee owner surcharge, and windfall gains tax.
The Australian federal election held on 3 May 2025 resulted in a decisive victory for the incumbent Australian Labor Party (ALP), which not only increased its majority in the House of Representatives but also expanded its presence in the Senate. This strengthened position enhances the ALP government’s ability to pass legislation to advance its policy initiatives.
Following these changes, there will be impacts for certain industries arising from the election.
The Fair Work Commission (FWC) has found a nanny who was paid cash-in-hand and who had agreed to be labelled as a contractor was an employee for the purposes of dealing with a general protections dismissal dispute. In the decision, Deputy President Butler examined the ordinary meanings of employee and employer and their relationships with the meaning of contractor.
Contracts are the foundation upon which legal rights, obligations and expectations are built. The essential function of a contract is to create a binding legal relationship between contracting parties. In theory, they are designed to clearly define the mutual understanding and commitments made by the contracting parties. However, in practice, this clarity is not always reflected in the final contract terms. This can lead to unnecessary disputes, often resulting in protracted and costly litigation.
Recent decisions of the Victorian and Tasmanian Supreme Courts have highlighted the onus on claimants for family provision from deceased estates to provide adequate evidence of their own financial circumstances.1
Unfair dismissal cases are the last thing a transport operator wants to see landing on their desk. A recent case in the Fair Work Commission (FWC) is an example of how it can go wrong if you don’t address the issue squarely.
A common problem faced by executors and administrators of deceased estates is how to deal with people continuing to occupy a property owned by a deceased person. Often, the occupier of the property is a child or relative of the deceased who has been given informal permission to stay in the property by the deceased, instead of through a formal lease with rent being paid.
A recent decision of the Supreme Court of Victoria (Court) in Damou v Damou & Anor [2025] VSC 14 (Damou) highlights the issues that executors and administrators ought to consider before commencing proceedings seeking the removal of occupiers in those circumstances.
There have been concerns as to the absence of a clear system or rationale for the various measures and policies being introduced, making it impossible to predict future actions by the United States (US). This can be compared to the Australian regime where proposed developments in policy and legislation are somewhat clearer.
In our latest Customs & Trade alert, Andrew Hudson unravels what the US Government’s incoming trade and customs policies could mean for Australia with the current federal election.
Rigby Cooke Lawyers is delighted to share that six of our esteemed partners have been recognised across eight areas of law in the 2026 edition of The Best Lawyers in Australia™.
The Fair Work Commission (FWC) has ordered a workplace to allow an employee to work an additional day per fortnight at home to be with his young child. The FWC decision came about after the employee’s individual flexibility arrangement (IFA) request was denied.
On 10 December 2024, the Privacy and Other Legislation Amendment Act 2024 (Cth) received Royal Assent introducing significant amendments to the Privacy Act 1988 (Cth) (Privacy Act) and the Australia Privacy Principles (APPs).
In a televised address on 2 April 2025, President Trump has announced the imposition of the anticipated ‘reciprocal’ tariffs on global exports into the United States (US), together with some of the reasons for those tariffs being imposed.
The government’s announcement seeking to outlaw non-compete clauses in employment agreements, which was announced earlier this week by Treasurer Jim Chalmers as part of the Federal Budget 2025-26 (Budget), is not news. Nor is it a surprise.
We are delighted to share that Rhodie Anderson — Partner, Reto Hofmann — Special Counsel, and our Planning & Environment practice have been recognised in the 2025 Doyle’s Planning & Environment Guides for Victoria.
On 25 March 2025, Treasurer Jim Chalmers delivered the Federal Budget for 2025-26 (Budget) announcing significant measures in relation to trade, border security, infrastructure, transport and manufacturing.
On 25 March 2025, Treasurer Jim Chalmers handed down the Federal Budget 2025-26 announcing a budget deficit ahead of the upcoming federal election.
The last 12 months has seen an escalation in debt collection activities instigated by the Australian Taxation Office (ATO) with respect to businesses, resulting in a subsequent increase in the rate of insolvencies. Where the ATO is unable to recover a tax debt directly from a company due to liquidity issues, it can seek to recover those debts personally from directors, via the director penalty regime.
From 26 February 2025, independent contractors can file claims in the Fair Work Commission (FWC) to set aside unfair contract terms.
In addition, while eligible employees have long had unfair dismissal protections, some gig workers and contractors are able to apply to the FWC under new unfair deactivation and termination provisions.
Yesterday, on behalf of our client Mercato Centrale Australia Pty Ltd, Rigby Cooke Lawyers successfully defeated an application by Caporaso Pty Ltd to the High Court of Australia for special leave to appeal the Full Court decision of 6 December 2024, whereby Caporaso Pty Ltd’s MERCATO trade mark was ordered to be deregistered.
At Rigby Cooke Lawyers, we strive to cultivate an environment that empowers all individuals, regardless of gender, to excel and reach their full potential.
On 19 February 2025, the decision of the Full Federal Court in FCT v Bendel (2025) FCAFC 15 (Bendel) was handed down. In this case, the Court overturned the long-held view of the Australian Taxation Office (ATO) that an unpaid present entitlement (UPE) of a corporate beneficiary is a loan for the purposes of Division 7A of the Income Tax Assessment Act 1936 (ITAA 1936).
We are delighted to share that Rob Jackson — Partner, Sam Eichenbaum — Senior Consultant, Elise Jasper — Associate, and our Workplace Relations practice have been recognised in the Doyle’s Employment Guides for Victoria, 2025.
Each year, the global supply chain experiences a series of unexpected disruptions, requiring those in the supply chain to adapt quickly to manage them. In this article, Andrew Hudson reflects on the global supply chain challenges of 2024 that will shape the new year.
Earlier this week, we had the pleasure of welcoming Andrew Gale and Hendrik Wise as part of our 2025 Graduate Program.
Until recently, it has long been the case in Australian law that courts would not award damages for breach of contract because of the way in which the worker was dismissed.
In Elisha v Vision Australia Limited [2024] HCA 50, the High Court decision resulted in an employer being liable for almost $1.5 million to an employee for breaching his contract by failing to follow its disciplinary policy when terminating that employee’s employment.
Published by Thomson Reuters’ Practical Law, this Practice Note authored by Andrew Hudson, Partner in our Customs & Trade practice, provides a general overview of key substantive issues to consider when importing goods into Australia, including requirements enforced by the Australian Border Force (ABF) under the Customs Act 1901 (Cth) and related legislation and by the Department of Agriculture, Fisheries, and Forestry (DAFF) under the Biosecurity Act 2015 (Cth) and related legislation.
While heavily regulated, the transport and logistics industry continues to experience increasing and expanded security threats. The most recent threats are cyber threats, smuggling of tobacco, vapes and other illicit substances. Late last year, new legislation was introduced into Parliament that reflects the need for increased security in the transport industry.
The Supreme Court of Victoria’s decision in Re Estate of Hagendorfer (Injunction) [2024] VSC 482 (Hagendorfer) highlights the importance for executors and administrators to exercise caution before distributing an estate, having granted an injunction which effectively froze funds distributed early, pending the determination of a claim against the estate.
The first day of ‘Trump 2.0’ marked a bold re-entry into power. While his inauguration speech reaffirmed his commitment to promises to make America great again, the day itself was filled with significant and controversial decisions that could shape the course of his second presidential term.
For most of us, a new year brings new beginnings and opportunities. With the holiday season now behind us, this is the perfect time to create or update your estate planning including your Will before you get caught up in the daily routine of another year.
From 1 January 2025, the scope of the Vacant Residential Land Tax (VRLT) is significantly broadening and will impact numerous property owners.
The VRLT is wholly separate from the standard land tax and will lead to many properties being hit with both forms of taxes on an annual basis if the risk of exposure is not managed. While both taxes are contained in the Land Tax Act 2005 (Vic), the regime for the VRLT is separate from the land tax regime and any exemptions will need to be carefully considered and managed.
In our latest Customs & Trade alert, Andrew Hudson shares his thoughts on navigating the trade world with a new Trump administration – which he calls Trump 2.0.
On 1 October 2024, a short strike commenced in the United States (US) by the East Coast and Gulf Coast dockworkers represented by the International Longshoremen’s Association (ILA). The strike was the first large–scale strike in nearly 50 years, halting the flow of approximately 50 percent of the US ocean shipping. It took place after negotiations for a new labour contract, which dealt with wages and terminal automation project issues, collapsed. The ILA does not appear keen to adopt new automation issues, viewing them as a threat to ongoing work of its members.
A series of recent decisions of the Supreme Court of Victoria in Fahey v Bird1 highlights:
In this article, Marcus Schivo reflects on the various judgments which considered the behaviour of the executor and more particularly the breaches which resulted in him being jailed.
Rigby Cooke Lawyers’ Tamara Cardan, Special Counsel in our Corporate & Commercial and Tax teams has been appointed as a committee member of the Property Council of Australia’s Tax and Economic Trends committee in Victoria.
Rigby Cooke Lawyers is delighted to share that Arielle Vlahiotis and Jenna Bayindir were admitted as lawyers to the Supreme Court of Victoria earlier today.
On Friday 6 December 2024, the Full Court of the Federal Court of Australia dismissed the appeal against the decision of Justice Charlesworth on 26 February 2024 where her Honour ruled that Mercato Centrale Australia Pty Ltd’s use of the name ‘Il Mercato Centrale’ did not infringe the registered trade mark ‘MERCATO’ held by Caporaso Pty Ltd.
In today’s uncertain economic climate, marked by inflation and high interest rates, many industries are struggling with clients who are late on payments. The transport and logistics sector is no exception. However, these companies may mitigate their risks by including contractual liens in their service agreements.
Rigby Cooke Lawyers’ Andrew Hudson, Partner in our Customs & Trade group, has been recognised as one of the world’s leading practitioners in the Lexology Index Trade & Customs 2024 report.
Legislation introducing a temporary concession from transfer duty for newly constructed dwellings in strata subdivisions has passed the Victorian Legislative Council and is currently awaiting Royal Assent.
The Duties Amendment (More Homes) Bill 2024 (the Bill) introduces a new off-the-plan concession for certain purchases where a contract to acquire property is entered into within a 12-month period commencing on 21 October 2024.
Significant changes to the Supreme Court of Victoria’s Probate Office fees come into force today, Monday 18 November.
The changes include:
As many readers would be aware, Australia has entered into several free trade agreements (FTA) whether bilateral, regional or plurilateral. Many of the FTAs have led to improvements in trade outcomes, including the recent FTAs with the United Kingdom and the first stage of the FTA with India.
On 28 August 2024, the Australian Taxation Office (ATO) issued a draft of its Excise Determination ED 2024/D2 (Draft Determination) outlining the Commissioner’s views on the definition of ‘beer’ for the purposes of excise duty. The effect of this draft guidance is to narrow the definition of ‘beer’, meaning that alcoholic beverages which do not fall within that definition will be subject to higher rates of excise duty.
In our latest Customs & Trade alert, Alexander Uskhopov — Associate in our Customs & Trade group breaks down the details of the new Administrative Review Tribunal as well as the parliamentary inquiry into the effectiveness of Australia’s sanction regime.
In 2021, according to the Australian Bureau of Statistics, it was estimated that 8,747,135 people were married in Australia and 2,168,351 people were in a domestic relationship1. Whilst a domestic relationship is not legally a marriage, the parties of a domestic relationship can register their relationship and receive benefits similar to those of a married couple.
Australia’s experience in dealing with de minimis transactions has been complicated and is now subject to review by industry and border agencies. Andrew Hudson, Partner — Customs & Trade, looks at Australia’s experience in dealing with low-value transactions and practices overseas.
We are delighted to introduce Mark Gomez, Associate in our Property group.
We are delighted to introduce Brighid Virtue, Associate in our Corporate & Commercial group.
Lease incentives offered by landlords to tenants have significantly evolved in recent times. Since the onset of COVID-19, there has been a substantial decline in commercial tenancies for various reasons, leading to an increased need for landlords to lure and entice tenants into signing new leases or renewing for additional terms.
In our latest Property alert, we explain what a lease incentive is, the purpose of the clawback clause, and the implications for both landlord and tenants when negotiating a lease.
Rigby Cooke Lawyers is delighted to announce that Rachael Grabovic — Partner & Notary Public, Christian Teese — Partner, Ashwin Reddy — Associate, and our Wills, Trusts & Estates practice have been recognised in the 2024 Doyle’s Wills & Estates Guides for Victoria.
Rigby Cooke Lawyers advised Stannards, a leading accounting and business advisory firm, on its partnership with Pemba Capital Partners (Pemba), a prominent investor in high-growth, entrepreneurial businesses.
As a transport and logistics operator, while you cannot exclude all liability, you can limit your liability.
Trying to exclude all liability is extremely high-risk, if not impossible.
The Australian Border Force (ABF) has introduced new customs broker licensing conditions effective from 1 July 2024. These new conditions placed upon licensed customs brokers (brokers) complement more stringent conditions previously imposed on bonded warehouse and depot licences introduced in November 2022.
The windfall gains tax (WGT) is a new tax that is imposed on the increase in value of property in Victoria as a result of a rezoning of that land.
Trade law expert Andrew Hudson shares a roundup of matters discussed at recent CPD forums throughout Australia.
We are delighted to introduce Maddy Lodge, Lawyer in our Workplace Relations group.
The Unfair Contract Terms (UCT) regime has been updated to broaden its application and impose penalties for breach and has been in effect since 9 November 2023.
The Federal Court’s recent Full Court decision in Nguyen v Australian Financial Complaints Authority (2024) FCAFC 77 (Nguyen v AFCA) should be a timely reminder to review and update your estate planning documents in the event of a de facto relationship coming to an end.
On 20 June 2024, the Victorian Government announced the Department of Justice and Community Safety (the department) would lead a review of fees charged for services provided by the Victorian Probate Office within the Supreme Court.
As part of its review, the department sought community feedback in which Rigby Cooke Lawyers’ Wills, Trusts & Estates group provided a submission expressing its concerns on the proposed fee structures and increase in probate fees.
In a significant development for Australia’s administrative review landscape, the Australian Government has unveiled plans to launch the Administrative Review Tribunal (ART) on 14 October, 2024.
This newly established federal body will replace the existing Administrative Appeals Tribunal (AAT), thereby implementing the Labor Government’s election promise to address what were seen as biased political appointments within the AAT.
In our latest Customs & Trade alert, Andrew Hudson summarises some of the relevant provisions to effect changes for licensed customs brokers.
On 1 July 2024, a new clause was inserted into all 155 modern awards providing union workplace delegates specific rights in the workplace.
Rigby Cooke Lawyers is delighted to announce the promotion of eight lawyers across five practice areas.
In an industry replete with acronyms, the AUKUS acronym has gained significant use and attention across the last few years.
With AUKUS now established and its members implementing legislative and administrative arrangements to facilitate the intended outcomes of the partnership, it is timely to examine some of its initiatives.
Rigby Cooke Lawyers is delighted to announce the recent appointment of Julie Callea-Smyth, Partner in our Litigation & Dispute Resolution and Insolvency & Reconstruction practices.
We are pleased to share the news that five of our practice areas, including Corporate & Commercial, Customs & Trade, Planning & Environment, Property and Wills, Trusts & Estates, have been recognised by Best Lawyers in their inaugural edition of Best Law Firms™ – Australia.
On 3 June 2024, the Fair Work Commission handed down its 2024 Annual Wage Review Decision.
On 21 May 2024, the Commercial and Industrial Property Tax Reform Act 2024 received Royal Assent, officially making the Commercial and Industrial Property Tax (CIPT) law. The new CIPT regime will apply to eligible transactions from 1 July 2024.
On 14 May 2024, the Victorian Government introduced the State Taxation Amendment Bill 2024 (Bill) into Parliament. The Bill (if passed) amends the Land Tax Act 2005 to expand the exemption from the vacant residential land tax (VRLT) for holiday homes.
The relationship between Australia and China is a complex one, with the two countries having maintained common interests in trade.
On 14 May 2024, Treasurer Jim Chalmers delivered the Federal Budget for 2024-25 (Budget) announcing significant measures in relation to trade, biosecurity, infrastructure, logistics and manufacturing.
On 14 May 2024, Treasurer Jim Chalmers handed down the Federal Budget 2024-25 announcing significant tax measures.
We are delighted to share the news that Rigby Cooke Lawyers’ Rachael Grabovic TEP, Partner and Notary Public in our Wills, Trusts & Estates group, was successful in winning the STEP Australia Excellence Award for 2024.
We are delighted to share the news that Bill Karvela, Managing Partner, and our Property practice have been recognised for their expertise within the areas of transactional property and real estate matters in the Doyle’s Property Guides for Victoria.
We are delighted to introduce Thalia Livadaras, Senior Associate in our Wills, Trusts & Estates group.
On 20 March 2024, the Commercial and Industrial Property Tax Reform Bill 2024 (Bill) was introduced into Victorian Parliament.
In the recent class action case, Karpik v Carnival plc [2023] HCA 39 (Ruby Princess Case), the High Court of Australia has confirmed that where at least one party to a standard contract for goods or services is acting within, or carrying out business in, Australia the unfair contract term (UCT) laws will apply to that contract.
Rigby Cooke Lawyers is delighted to share the news that Rachael Grabovic, Partner in our Wills, Trusts & Estates group, is a finalist in the Excellence Award category for the STEP Australia Excellence Awards 2024, which was announced earlier today.
Rigby Cooke Lawyers assisted DSV Air & Sea on its 10-year lease agreement with Port of Brisbane Pty Ltd (PBPL) for a warehouse and container hardstand on a 4.8ha site on Fisherman Islands, which was announced recently.
We are pleased to announce that five of our esteemed partners have been recognised in the 17th edition of The Best Lawyers in Australia™.
In a recent Customs & Trade alert titled Modernising the trade system, we wrote about some prospective measures which would assist to facilitate and modernise trade. In the article, it was noted one of the areas in which the modernisation was required was in the form of the regulation applying at the border as the compliance burden has continued to increase for those involved in the international supply chain.
We are delighted to share the news that Rhodie Anderson, Partner – Planning & Environment, and our Planning & Environment practice have again been recognised for their exceptional work in the Doyle’s Planning & Environment Guides for Victoria.
The recent collapse of the Francis Scott Key Bridge in Baltimore due to the collision of a container ship, which led to the tragic deaths of six people working on the bridge, has caused some disruption to that part of the international supply chain using the Port of Baltimore.
As readers would be aware, ‘compliance’ is a term embedded in the international supply chain. However, it is not exclusively reserved to the international supply chain; it is a term used in every aspect of the commercial world and the laws and other regulations governing the commercial world.
In the 2023-24 State Budget, the Victorian Government announced a reform to move away from stamp duty for qualifying commercial and industrial properties, to be replaced by the new annual Commercial and Industrial Property Tax (CIPT).
We are delighted to share the news that Sam Eichenbaum, Senior Consultant and Accredited Specialist in Workplace Relations, and our Workplace Relations practice have been recognised for a 10th consecutive year in the 2024 Doyle’s Employment Guides for Victoria.