High Court Expands Scope for Damages in Termination Cases: Elisha v Vision Australia Ltd
by Drazen Kozaric A recent decision of the High Court of Australia has significantly reshaped the legal landscape concerning an employee’s entitlement to damages for psychiatric illness resulting from the manner of their dismissal. This development—set against the broader backdrop of increased focus on psychosocial health in the workplace—may lead to a rise in breach […]
Major Employment Law Changes – Wage Theft, Penalties & Superannuation
by Drazen Kozaric Effective Dates: 1. Criminalisation of Wage Theft From 1 January 2025, intentional wage theft is a criminal offence under the Fair Work Act 2009 (Cth). An employer commits a criminal offence if they intentionally underpay employees amounts owed under the Fair Work Act, a Fair Work instrument, or a transitional instrument. Maximum […]
ASSISTANCE ANIMALS – KNOW A HANDLER’S RIGHTS!
by Madeleine Harling Assistance animals are a key part of everyday living for their handlers, as they provide independence, confidence, and connection for people with disability—supporting not just physical tasks, but emotional wellbeing, social participation and safety. Accordingly, it’s important that businesses know a handler’s rights so to not discriminate against the handler. There was […]
Defective Building Work – Know Your Rights as a New Homeowner in Queensland
by Drazen Kozaric Building your dream home should be exciting—not a legal nightmare. But if you’re facing construction defects, it’s important to act fast. What Counts as Defective Building Work? Defective work includes anything that is faulty or fails to meet legal standards, such as: There are two main types of defects: Structural Defects These […]
UNFAIR CONTRACT TERMS (UCT) – BUILDING AND INFRASTRUCTURE
by Drazen Kozaric Overview of the Updated UCT Laws Businesses in construction and infrastructure must now take greater care to ensure their standard form contracts do not contain unfair terms under the Australian Consumer Law. These terms are now illegal, with significant penalties for breaches. What’s Changed Under the UCT Regime? The regime has been […]
Setting Aside a Statutory Demand and Requirements for the Supporting Affidavit – BRC Group v Watagan Park [2025] VSCA 36
by Drazen Kozaric Under section 459G of the Corporations Act 2001 (Cth), a company served with a statutory demand has a statutory right to apply to the court to set aside the demand. Section 459H allows the company to challenge the validity of the statutory demand, typically on grounds such as a genuine dispute over […]
Enactment of Stringent Anti-Vilification and Social Cohesion Laws in Victoria
by Drazen Kozaric Victoria has introduced tough new anti-vilification and social cohesion laws, expanding protections against hate speech to encompass disability, gender identity, sex and sexual orientation. The legislation imposes penalties of up to five years in prison for serious offenses, such as inciting hatred or making physical threats. A notable feature, the “Sam Kerr […]
Corporate Governance Reforms: The Modern Slavery Act Review
by Drazen Kozaric The Modern Slavery Act 2018 has been under review, with key recommendations for reform emerging in 2021. In December 2024, the Australian government issued its response to the independent review of the Act. The government has agreed, or agreed in principle, to 25 out of 30 recommendations, signalling a more robust approach […]
SHAREHOLDER OPPRESSION REMEDIES – SECTION 232 OF THE CORPORATIONS ACT 2001
by Drazen Kozaric Understanding Section 232 of the Corporations Act 2001 (Cth) Section 232 of the Corporations Act 2001 (Cth) (the “Act”) plays a crucial role in protecting the rights of shareholders in Australian corporations. It grants a legal pathway for the shareholders to challenge and seek remedies for actions they deem to be oppressive, […]
Understanding Constructive and Resulting Trusts: Key Differences and Legal Implications
by Drazen Kozaric In the realm of trusts and property law, two types of trusts often arise in legal disputes: constructive trusts and resulting trusts. Understanding the nuances between these two concepts is essential for anyone navigating property law or seeking remedies for unjust enrichment or breach of trust. What is a Constructive Trust? […]
