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Dismissal from employment due to social media post

Case: Ms Creina Murkitt v Staysafe Security T/A Alarmnet Monitoring (U2019/2978) Area of Law: Employment – Unfair dismissal Act: Fair Work Act 2009 – s 394. Application for unfair dismissal remedy Background of employment Ms Murkitt was employed on a full-time basis by a predecessor of Alarmnet beginning in February 2005. Her most recent contract … Read more

Is Now A Good Time to Renovate? Do I need a Special By-law?

Is Now A Good Time to Renovate? Do I Need a Special By-law?
With recent media reports that the east coast housing market downturn is showing signs of recovery (at least for now) and the RBA noted at its July 2019 meeting that conditions in the established housing markets of Sydney and Melbourne had improved a little, many owners are wondering if now is a good time to renovate their home, apartment or investment property.
While some owners may now be in a position to raise sufficient funds to purchase a new property or purchase an investment property, owners may be able to use their existing funds or raise funds to renovate their current property. The benefit of renovating is that even some minor improvements or alterations could improve a property’s value and can even reduce future maintenance and repair.
In this article, I will be addressing the legal process an owner of an apartment, villa or townhouse must follow to carry out renovations to their lot and common property.
Generally speaking, whenever a lot owner’s proposed works involve major works which add to, alter or erect new structures on common property, a special resolution and a special by-law is required to be passed at a general meeting of the owners corporation to approve such works.  At the outset, I will mention that a special by-law may go by other names such as strata by-law, renovations by-law, generic by-law, works by-law, common property rights by-law, building works by-law, DIY by-law and major works by-law.  For the sake of convenience, I will stick to the term  “special by-law”.  After the special by-law is passed, it must be registered at NSW Land Registry Services within 6 months of the date it is passed.
Some examples of major works include the removal of a structural load bearing wall inside an apartment, the waterproofing of a bathroom, bathroom renovations, the creation of new external balconies, etc. However, since the Strata Schemes Management Act 2015 took effect on 30 November 2016, some owners corporations have made their own minor works and major works by-laws which set out their own process for approval of such renovations.
Sometimes an owner may wish to carry out small alterations such as the installation of timber floors.  While this may be considered to be a minor renovation, it is not uncommon for some strata scheme’s to have their own custom special by-law governing the process to be followed before such works may be approved.  It is always wise to first check your strata scheme’s registered by-laws to see if there are any by-laws addressing renovations/building works.
Another type of renovation commonly carried out by owners is the laying of carpet and internal painting. These works are considered to be cosmetic works under the  Strata Schemes Management Act 2015 and do not require the owners corporation’s approval.
If you are considering undertaking major works to your apartment and need a special by-law or simply have some questions, feel free to get in contact with us at [email protected] or (02) 8324 7565. We are here to help.
Please note that the information contained in this article is for information purposes only. It is not legal advice and should not be relied upon. You should obtain legal advice before you take any action or otherwise rely upon the contents of this article.
 

R U OK?

With R U OK? day just around the corner, we thought we would take the time to ask R U OK?
Everyone knows most jobs involve some level of stress.  Some people thrive on stress and it can also keep you alert and increase your performance in small bursts, however in the long run, stress can be a problem and impact your mental health.
Signs to keep an eye out for
A positive work culture is key in deterring stress and reducing mental illness.  Some workplace stressors to keep an eye out for:

Working long hours & working through breaks
Work that is emotionally disturbing
Poor communication
Not promoting employee development

Useful tips
While we are not experts in this, here are some tips to help:

Step away from the computer screen & get some sunshine!
Drink plenty of water
Exercise
Reach out to a work colleague and have a laugh
Plan a holiday
Think positive thoughts & surround yourself with positive people
When you walk out of the office door, switch off and focus on your personal life (we know, easier said than done)
Put positivity out in the world and do one random act of kindness a day

It is also important to understand your own stress as this will allow you to look at strategies that work for you to manage your stress.
Be sure to reach out to your friends or colleagues if you have that gut feeling telling you something is not right, and ask them if they are ok.  It is a hard question to ask, so visit How to Ask with tips and resources on how to start the conversation.
The Queensland Law Society has a resilience and wellbeing portal that provides information and support tools to manage the pressures of work and life.

The post R U OK? appeared first on Michael Lynch Family Lawyers.

What is a Contingent Liability?

A contingent liability is found in many business contracts. Read this guide to understand what they are and your obligations when reporting them.
The post What is a Contingent Liability? appeared first on Lawpath.

How Recessions Affect the Legal Industry

With Brexit complications, a slowing Chinese economy and a US – China trade war, a recession is becoming a looming possibility. This poses the question, how will the legal industry respond to a domestic or global recession?
The post How Recessions Affect the Legal Industry appeared first on Lawpath.

Shareholders Rights and Responsibilities: A Guide

Shareholders may not run a company’s daily activities, but they’re still important. Find out here what the rights and responsibilities of shareholders are.
The post Shareholders Rights and Responsibilities: A Guide appeared first on Lawpath.

THE WOMEN’S CIRCLE

THE WOMEN’S CIRCLE
admin
Thu, 05/02/2019 – 16:16
The Women’s Circle is a Gilbert + Tobin initiative aimed at enriching and supporting the career and professional development of enterprising Australian women. The forum was established to give women executives the opportunity to develop their leadership skills, share experiences, and network with a peer group of senior women across corporate sectors, government and the arts. Delegates are selected by their CEO’s and Chair as people with significant potential to be future leaders in their business and in the community.
The Women’s Circle was founded by Janet Whiting, head of the firm’s disputes and investigations practice in Melbourne. In Sydney, technology and digital partner Sheila McGregor leads the program, and Perth partners Sarah Turner, Claire Boyd and Julie Athanasoff co-lead.
The Circle has four key areas of focus which are talent, opportunity, inspiration and networking. Each delegate is provided with opportunities, inspiration and connections which have the potential to sustain and nurture them through their careers.
The monthly sessions cycle through three components; Peer engagement presentations, industry sector insight “bites” and keynote speaker addresses.
Particular highlights are hearing from high-profile and influential female leaders, who are forging a path before them.
A selection of these speakers include: Susan Lloyd-Hurwitz, Joanna Murray-Smith, Elizabeth Proust AO, Ann Sherry AO, Alison Watkins, Diane Smith-Gander, Janet Holmes à Court AC, Hon. Cheryl Edwardes AM, Ilana Atlas, Anna Bligh AC, Elizabeth Bryan AM, Elizabeth Ann Macgregor OBE. Each of the women who make up our program of speakers play an important role in shaping current policy and decision-making across the spectrum of businesses and organisations they represent. Their credentials span across sectors, including administration, aviation, digital media, energy, financial services, government, investment management, politics, private equity, real estate, sport, sustainability, the arts and transport. Participants will gain rare access to, and understanding of, the critical factors that have led to their individual successes and current positions of influence in their respective fields.
The Women’s Circle is an investment in future leaders and a stepping stone towards professional success and advancement. As such, this unique professional development and women’s networking initiative has been designed to extend, challenge and support the next era of leadership in Australia. 
Melbourne
Pictured (L-R): G+T partner Janet Whiting with Kate Torney and Helen Silver AO
 
 Sydney
 Pictured (L-R): G+T partner Sheila McGregor with Alexandra Smart, Kellie Hush, Liz Ann Macgregor
 
Perth
Pictured (L-R): G+T partner Julie Athanasoff with Dr Fiona Wood and G+T partners Sarah Turner, Claire Boyd 

Diversity

Diversity
admin
Thu, 05/02/2019 – 16:16
We continually introduce new initiatives to accelerate our progress towards a diverse and inclusive workforce.
We know that having different people around our firm makes us stronger. It allows for greater capacity, skill sets and emotional intelligence. We find that more diverse groups of people bring different perspectives to problem solving.
Embracing and celebrating the difference in our people is embedded in our culture at Gilbert + Tobin.

THE WOMEN’S CIRCLE
WOMEN AT G+T
OUT AT G+T

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RECONCILIATION

RECONCILIATION
admin
Thu, 05/02/2019 – 16:16
Gilbert + Tobin has developed long standing relationships with Australian Aboriginal and Torres Strait Islander communities through the work of our pro bono practice.
Our Managing Partner, Danny Gilbert, is a strong advocate for Indigenous constitutional recognition and the need for an Indigenous voice to Parliament.
We were the first Sydney law firm to have a Reconciliation Action Plan (RAP), and the second nationally. Our RAP includes:
Prioritising pro bono support for Aboriginal and Torres Strait Islander individuals and organisations.
Supporting an Indigenous Employment Strategy that includes an Indigenous Cadetship Program for law students, and places for Indigenous people in non-legal roles.
Providing financial support to Indigenous community organisations, including the Tribal Warrior Association, National Indigenous Youth Leadership Academy and Mudgin-Gal Aboriginal Corporation.
Supporting Indigenous economic development by procuring products from Supply Nation certified Indigenous businesses.
For more information about Reconciliation and our advocacy for Indigenous constitutional recognition, contact:
Eloise Schnierer
Head of Corporate Social [email protected]

WOMEN AT G+T

WOMEN AT G+T
admin
Thu, 05/02/2019 – 16:16
We are committed to building a gender equal firm, addressing economic inequality for women and embracing the future of work.
Gilbert + Tobin has a depth of female talent: approximately one third of our partners are female, women account for around 64% of our total employee numbers, with many taking advantage of one of our flexible working arrangements, including a number of our partners.
Recently the firm announced a new target to increase the representation of women in its partnership to 40% by 2023, as a critical step towards becoming a gender-balanced partnership.
However, statistics are only part of the story. Many of our women hold leadership positions in the firm as Group and People Leaders and members of the Gilbert + Tobin board.
We have developed a number of professional development programs specifically designed to inform, support and inspire women at all levels of the firm. We have a range of flexible working arrangements and support structures available, including best-practice parental leave entitlements policy, part-time and job share opportunities, flexible working hours, return-to-work support and an on-site family room. 
All employees have access to a ‘work from home IT kit’ to enable greater flexibility in how people manage their personal commitments with the needs of clients.
G+T’s ongoing efforts to increase opportunities for talented women to build rewarding long-term careers and at the same time empower both women and men to better balance their work and family commitments has received strong endorsement from external organisations such as WGEA, The Diversity Council and The Women Lawyers Association of NSW (WLAN).
Gilbert + Tobin also supports disadvantaged women in the community through our pro bono and corporate social responsibility programs, including contributing to the Dress for Success program.
To celebrate the First 100 Years of Women in Law, in 2018 The Law Society of New South Wales released a commemorative video charting the key milestones for women lawyers in Australia. Gilbert + Tobin partners Gina Cass-Gottlieb and Rachael Bassil each share their experiences on coming through the ranks as a woman lawyer and what they see for the future of women in law.

Corporate Social Responsibility

Corporate Social Responsibility
admin
Thu, 05/02/2019 – 16:16
We actively engage with the social and environmental impacts of our operations.
Our Corporate Social Responsibility (CSR) program specifically focuses on three streams – community, reconciliation and the environment. Through these programs we:
Work to ensure the justice system is accessible to everyone by helping parts of the community who cannot afford legal assistance;
Monitor, improve and report on our environmental performance to our key clients, and to the public;
Commit with our suppliers of goods and services to achieve better environmental and social sustainability by managing our procurement processes;
Maintain an open work place where staff are encouraged to commit to causes, and provide the flexibility to enable them to do that.
We report on our CSR performance in accordance with the Global Reporting Initiative (GRI) Guidelines. The GRI Guidelines report on sustainability performance in relation to economic, environmental and social performance outcomes.
We continue to look for ways to improve our contribution as a responsible corporate citizen.

ENVIRONMENT
RECONCILIATION

Pro Bono

Pro Bono
admin
Thu, 05/02/2019 – 16:36
At Gilbert + Tobin, pro bono is a vital part of what we do and who we are. We are proud proponents of social justice for everyone, and focus on providing advice and support to marginalised and disadvantaged people.
We have a particular focus on Aboriginal and Torres Strait Islander people and organisations, people with disabilities, refugees and human rights matters. We work tirelessly to ensure our services are accessible to people who need them, both in the cities and in rural and remote Australia.
Gilbert + Tobin is a pro bono pioneer. Pro bono has been a feature of our practice since the firm’s beginning in 1988, and in 1996 we became the first firm in Australia to appoint a full-time, in house pro bono lawyer. We now have two full-time pro bono partners, Michelle Hannon and Anne Cregan.
Pro bono is not just the domain of Michelle and Anne’s team – pro bono work is undertaken by lawyers across the firm. In 2018-19, the firm completed more than 20,844 hours of pro bono work at an average of 53.1 hours per lawyer, conservatively valued at $10.6 million.

PRO BONO EXPERTISE PAGE

OUT AT G+T

OUT AT G+T
smane
Tue, 06/18/2019 – 20:33
OUT is Gilbert + Tobin’s LGBTI (lesbian, gay, bisexual, transgender and intersex) and allies group. OUT’s objective is to ensure that Gilbert + Tobin continues to celebrate diversity, including all LGBTI staff, as a fundamental value of the firm.
Founded in 2012, our OUT network:
Raises awareness and advocates on LGBTI issues within the firm and in the community;
Has an active role in the development of Next Practice thinking, including inclusive policies, diversity audits, training and profile raising;
Contributes to the firm’s pro bono and corporate social responsibility work;
Makes submissions on behalf of the firm to the Australian Workplace Equality Index;
Participates in Pride In Diversity events, including the Pride in Diversity Mardi Gras float;
Offers networking and social events for OUT members, allies and clients; and
Holds an annual firm-wide fundraiser encouraging all staff to wear purple in support of the Wear It Purple organisation.
Gilbert + Tobin is a proud member of Pride in Diversity, Australia’s leading workplace program for inclusion of LGBTI employees. In 2018, we were recognised in the Australian Workplace Equality Index as one of the top employers for LGBTI workplace inclusion in Australia.

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GT EVP Landing

GT EVP Landing
gryan
Tue, 09/03/2019 – 13:43

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Transactions, regulatory & disputes – committed to citizenship