Forum Law News - Issue #20 January-February 2014
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At Forum Law we know that it's vital to stay up to date with the latest legal developments that are relevant to your industry, workplace or personal circumstances. In our Forum Law News we describe some of the recent cases that may be of interest, and link to the full outlines of the cases and how their decisions affect the relevant laws on our website.

  Employment Law News  

Employers have an implied term of mutual trust and confidence following redundancy

Breaching this term may bring on a claim for damages

The Full Federal Court in Commonwealth Bank of Australia v Barker [2013] FCAFC 83 upheldeld that the Commonwealth had breached an implied term of mutual trust and confidence contained in an employee's employment contract. The Court held that, unless expressly excluded, a term of mutual trust and confidence would be implied in all Australian employment contracts. The employee may claim where they have suffered damage as a result of an employer's breach of that implied term where the breach occurred prior to the employee's termination.

Read more about this case and its ramifications >

  PPSA News  

Protect your assets against a liquidator

A retention of title clause on a tax invoice may not be sufficient

Ensure your documentation under the Personal Property Securities Act [PPSA] is in order to protect your assets against a Liquidator. The Victorian Supreme Court recently held that a Retention of Title Clause on a Tax Invoice is sometimes not sufficient to protect a claim against a Liquidator.

Read about how best to secure your PPSA documentation >

  Company Law News  

Director's duties: lessons from the James Hardie case

Care and diligence, and acting in good faith, are vital elements of a director's role

Directors must exercise their power and discharge their duties in a manner that is in the best interests of the company and is for appropriate purposes. The James Hardie case in the High Court put a spotlight on directors' duties and means that directors must now adhere to these duties more stringently.

Read about the details of this important case >

  REVIEW: Succession Law  

What you should know about Wills and Estates

Review: Annette Fontana

It's always a good time to revise this important area of personal law. Did you know that:

  • Not having a Will can lead to dire consequences for those left behind
  • Advances made to beneficiaries can be taken into account in a Will
  • Specific gifts can be protected from claims by others with testamentary trusts
  • Proper loan documentation clarifies the status of outstanding debts

Read how an effective Will allows your wishes to be secured >


If you would like to discuss any of these issues or if you require any legal advice or assistance please contact us at Forum Law on +61 2 9560 3388 or email us.


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phone 02 9560 3388 | fax 02 9569 5423 | Forum Law website