• To immunise? Or not to immunise? - when parental responsibility is thrown into light

    The issue of whether or not to immunise your child is one that raises many concerns and divided opinions for parents. Regrettably, this is even further heightened when parents are separated and unable to communicate effectively around the topic.

  • He, She or Non-specific

    The recent High Court judgment of NSW Registrar of Births, Deaths and Marriages v Norrie [2014] HCA 11 highlights the notion that “not all human beings can be classified by sex as either male or female”. Following a female sex affirmation procedure, Norrie who was born a male applied to the NSW Registrar of Births, Deaths and Marriages to change the sex record of her birth to ‘non-specific’.

  • No Employee Advocates for Performance Management Meetings

    Employees are not entitled to bring advocates to meetings with their employers to discuss performance or behavioural issues.

    In February 2014 in The Victorian Association for the Teaching of English Inc v Debra de Laps the Full Bench of the Fair Work Commission found that a refusal by the employer to allow the employee an advocate at a counselling meeting did not constitute an element of procedural fairness so as to justify a claim for unfair dismissal.

  • Eligibility for an Australian return visa

    Looking to return to Australia?  While permanent residence gives a person a right to remain permanently in Australia they will only provide for a limited permission to travel (usually up to five years)... for more information see our article on the MSI website -


  • Gift cards OK for non-strikers

    In CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v CORINTHIAN INDUSTRIES (AUSTRALIA) PTY LTD ACN 000 067 185 and BALTIC DOORS PTY LTD ACN 007 390 132, (18 March 2014) following an action by the union, the Federal Court found that Corinthian had not taken adverse action against striking employees in breach of section 340 in distributing gift cards to employees who had not participated in a three-week long strike.

  • Mutual duty of trust and confidence

    The decision of the Full Federal Court in 2013 in Commonwealth Bank of Australia v Barker that employers owe employees an implied duty of trust and confidence, so that employees can obtain compensation for breach of that duty, particularly where it leads to termination, has been appealed to the High Court.

    The Full Federal Court considered such a duty arose by reason of the events leading up to the termination of the employee but also determined that the implied duty could be excluded by agreement that employer policies not be terms of the employment contract.

  • Property War Stories: Check off the plan duty calculations and save

    99.9% of clients accept that when purchasing ‘off the plan’ there will be a (stamp) duty saving.  Only a few check the amount of the saving when settlement comes around. A recent Aitken Partners’ file demonstrates the advantage of doing so.

  • Getting the best out of your business with an external audit

    Jeff Ryan from MSI Global Alliance firm Thomas Davis & Co reports that directors of proprietary companies need to be aware of their company’s reporting requirements particularly as the company grows. In fact the benefits that can be gained from having an external audit are valuable whether compulsory or not.

  • Surrogacy and Adoption In Australia

    Last night we went to an eye-opening seminar presented by the Monash Law School on Surrogacy and Adoption in Australia. 

    Listening to Professor Nahum Mushin, Professor Denise Cuthbert and His Honour, Chief Judge Pascoe we were both perplexed by the concepts of domestic and international adoption and international commercial surrogacy from the perspectives of the surrogate mothers, the adoptive parents and most importantly the child.

  • Swans issues highlight value of employment contracts

    Reports today of the Sydney Swans declaring a contracted assistant coach off-limits has a legal base for the club to defends its position.