ARTICLES

At Morgan + English Commercial Lawyers, we often see the tricky back end of poorly written contracts. Poorly written Terms and Conditions will often lead to disputes. Many of the disputed issues could have been easily avoided with properly drafted contracts. Here is a...

In the recent decision of Australian Rail, Tram and Bus Industry Union v Rail Commissioner, the Fair Work Commission (FWC) discussed the need to afford employees standards of procedural fairness when investigating allegations of misconduct. The case concerned an...

Australian Dairy Farmers (ADF) is petitioning for the government to ban plant-based “milks” being marketed and labelled as “milk.” Research has shown that over the last five years the Australian dairy cattle farming industry has declined at an annualised rate of 1.8...

The NSW Government has introduced a Right to Farm Bill, which contains a range of new measures intended to protect farmers from undue interference. The Bill provides for a potential jail sentence of up to 3 years for trespasses on farm land. This follows the...

Mutual wills are one method of addressing estate planning challenges common in blended families. In a mutual wills agreement, the will-makers sign a contract whereby they agree to be legally bound not to change their respective wills without the consent of the other....

In a recent unfair dismissal decision the Fair Work Commission (FWC) highlighted the importance of knowing the difference between misconduct and poor performance. Steven Zirilli v StarTrack Express Pty Limited 2019 involved a Bulk Fleet Supervisor who was dismissed...

The Federal Government has recently introduced the Criminal Code Amendment (Agricultural Protection) Bill 2019, which targets animal activists who use a carriage service to incite trespass, property damage or theft on agricultural land. Some doubt the effectiveness of...

Employers should be wary of incorrectly classing a worker as an independent contractor and treating them accordingly, when in fact they are an employee of the company. Decisions of various Courts, tribunals and the Fair Work Ombudsman demonstrate a high bar to reach...

The market for Australian beef exports is expected to continue to grow, despite ongoing challenges. Whilst the breeding herd has decreased significantly due to the drought, data from 2018-19 demonstrated a third successive year of growth with 1.16 million tonnes of...