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Reversionary Pension to love child

Muriel’s husband died a few years ago. At 54 she fell in love again and was the oldest mother in her city. She called her love child Colin. Her two oldest children, Ian and Brian, are successful engineers. Muriel's assets are all in her Self-Managed Super Fund. As the sole director […]

Employee couldn’t take boss’s clients for 6-months – thanks to a non solicitation clause

The government does not want to stop your ex-employees from working in their chosen trade or profession.Irrespective of what you put in your Employment Contract: a financial planner can continue to be a financial planner: see Entello Pty Ltd v Firooztash [2016] QDC 50) an accountant can continue to works […]

Why doesn’t your Employment Contract allow for specific Awards?

QUESTION: I am building an Employment Contract for my employee. She’s been with me for 6-years (hence the anxiety). I notice there’s no reference to the Award provisions under which she is employed. Does your Employment Contract override the Award provisions? Should not your contract compliment them? Where do specific employment conditions, […]

Disaster can happen with no employment termination clause

Case: Susanna Ma v Expeditors International Pty Limited (2014) NSWSC 859   Employment contract   QUESTION: Brett, you make a big song and dance about termination clauses. We approached the website that normally prepares our Employment Contracts, they don't use termination notices. I asked them why. They said they were not lawyers […]