The FWC Announcement
The Fair Work Commission (FWC) announced today that the minimum wage will rise by 3.5% to $24.94 an hour or $922 per week for the 2025/26 financial year.
This 3.5% increase will also apply to all payrates outlined in Modern Awards.
The pay increase will be effective, and binding on all employers, from 1 July 2025.
In determining the pay increase, the FWC noted that they attempted to make up for real wage cuts during the pandemic, particularly in light of lessening inflationary pressures.
What you need to do
As a business, you should ensure that your payroll and salaries comply with this pay increase. Therefore, from 1 July 2025, you will need to apply this pay increase to all employees paid on Award rates or minimum wage. It is therefore a timely reminder to engage in a payroll audit to ensure compliance with all applicable Award rates.
Should you fail to implement this pay increase, there is a real risk of an underpayment claim made against you, as well as reputational damage that can be detrimental to your business.
How can Chamberlains help?
Our Workplace Team at Chamberlains Law Firm have significant experience in guiding business and employers through changes to workplace legislation and regulations.
Contact our Workplace Team on 02 6188 3634 to discuss this pay increase, or to learn more about how we can assist your business.
A person conducting a business or performing an undertaking (“PCBU”) with respect to their business have a ‘primary duty of care’ under the Work Health and Safety Act 2011 (NSW) (“WHS Act”). In the case of a corporation, this duty of care extends to its Officers.
This primary duty of care requires a PCBU to ensure the health and safety of all workers in a “reasonably practicable” manner. This obligation further extends to requiring PCBUs to ensure that they do not expose a person to a risk of death, serious injury, or illness.
Relevantly, an Officer of a solvent company which operates a business includes its directors, company secretaries, or individuals that can make decision that affect a significant part of the business, or its financial standing.
The recent decision in the New South Wales District Court (“Court”) matter of SafeWork NSW v Miller Logistics Pty Ltd; SafeWork NSW v Mitchell Doble [2024] NSWDC 58 (“Doble Case”), serves as a warning to those who hold a duty of care.
On 4 November 2020, Mr Christopher Herden, a truck driver employed by Zentry Pty Ltd (“Zentry”) was working at a transport depot operated by Miller Logistics (“Miller”) in Tamworth. Mr Herden, was working at the depot, assisting a driver of a B-Double trailer located in the loading and unloading area. Mr Herden was struck in the head by a forklift and suffered serious injuries, including a fractured femur, hip and elbow.
SafeWork brought proceedings against Miller under section X the X Act, claiming that Miller (the PCBU), failed to comply with its primary duty of care by exposing its workers to the risk of death, serious injury, or illness specified.
SafeWork also joined Miller’s Director, Mr Mitchell Doble (“Mr Doble”) to the proceedings on the basis that he was the relevant Officer of Miller, and he failed to exercise due diligence by failing to, so far as practicable, ensure compliance with the WHS Act.
Ultimately SafeWork was only successful in its claim against Miller
In its reasoning, the Court considered that Miller failed to provide:
The Court also commented on Miller’s “3-Metre Rule” was far from sufficient, noting that this essentially implied to Miller’s workers to “look out for yourself”.[1]
To succeed in its prosecution of Mr Doble, SafeWork was required to prove the following 4 elements beyond reasonable doubt:
SafeWork ultimately failed in its prosecution against Mr Doble. It was the 3rd element which came to be SafeWork’s red herring. The Court was not convinced that SafeWork sufficiently proved that Mr Doblefailed to exercise due diligence to ensure that Miller complied with its primary duty of care duty. Instead, the Court believed that Mr Doble exercised due diligence by delegating its responsibilities to Miller’s Compliance Manager, James Hayter (“Mr Hayter”).
Despite Mr Doble being both the Managing Director and Sole Director of Miller, the Court did not consider that this meant he was required to “do everything that the PCBU had to do to ensure safety” and that there was no evidence which suggested that Mr Doble should not have trusted Mr Hayter to comply with his WHS obligations and duties.[2]
The Doble Case clarifies personal liability and its connection between a PCBU and its officers with respect to managing and complying with WHS standards. The Doble Case acts as a stern reminder to PCBUs of the importance of robust and sufficient resources and procedures which make all the difference in minimizing WHS issues and protecting your business from liability.
Our team of Workplace Law experts at Chamberlains Law Firm can save you the headache and assist your business with navigating all applicable obligations under the WHS Act. From the preparation of policies to conducting workplace WHS risk assessments and providing your business with ongoing support and advice, our team can do it all.
Contact Chamberlains Law Firm today to learn more about how we can assist you.
[1] at [239].
[2] [264]
Chamberlains Law Firm are currently assisting in investigations related to serious allegations of physical and sexual abuse at Merriwa Central School in NSW. We are urging any individuals who may have witnessed incidents of abuse, or who have information that could assist in these investigations, to come forward.
Your voice is crucial in ensuring that those responsible are held accountable.
We understand that speaking out about sensitive matters like this can be difficult, but your information may make a significant difference in providing closure and support to those affected.
If you are a current or former student, staff member, or have any information related to the situation, we encourage you to reach out in confidence. Your involvement may be instrumental in creating a safer and more supportive environment for everyone.
At Chamberlain Law Firm, we are committed to providing legal support to victims of abuse. Our team has extensive experience in handling sensitive cases, and we are here to ensure your rights are protected. Please don’t hesitate to contact us if you have information that could assist.
When making an employee redundant, employers are obligated to satisfy the ‘genuine redundancy’ benchmark imposed by section 389 of the Fair Work Act 2009 (Cth). A failure to meet this requirement may render the redundancy as ‘not genuine’ and may expose an employer to an unfair dismissal claim. Learn more about the criteria of a ‘genuine redundancy’ here: Making a role redundant? Here’s what you need to look out for.
Commonly, when seeking to downsize their workforce, an employer may wish to reduce the number of staff employed in the same position or department. As such, the employer may undertake an assessment of all relevant employees, taking a range of factors into account i.e. the employee’s skills, performance and capabilities to ultimately determine which employee/s should be made redundant. However, this assessment can often land employers in hot water if it does not adequately satisfy a ‘genuine redundancy’.
The Fair Work Commission (FWC) has provided employers with further clarity on what factors are lawful considerations for determining a ‘genuine redundancy’ in the decision of Qian Tang v Hisense Australia Pty Ltd [2024] FWC 2259. In this case, Qian Tang (the Applicant) was made redundant and subsequently made an unfair dismissal claim on the basis that the Applicant’s dismissal was not a genuine redundancy. The Applicant was employed by Hisense Australia Pty Ltd ((Employer) as a Human Resources (HR) Business Manager. Upon returning from parental leave, the Applicant was informed that the Employer was undergoing structural change and Applicant’s role was no longer required. As an alternative to the proposed redundancy, the Employer offered the Applicant redeployment in a casual position. However, the Applicant declined the proposal, stating that the proposed redundancy does not ‘align with genuine redundancy criteria’. The Applicant claimed that she was targeted, having recently become a new mother and taken parental leave.
However, a key consideration for the FWC in this judgment concerned the context of the Employer’s business operations. The Employer noted that the nature of the structural changes involved downsizing the HR Department by reducing the number of HR employees. As a company situated in China and Australia, the Employer outlined the importance of its Human Resources employees being proficient in both Mandarin and English when interviewing potential candidates. The Employer reported that the Applicant scored the lowest out of the other three (3) Human Resource employees in recruitment experience, communication skills and English proficiency. The FWC Commission accepted evidence from the Employer submitting that the Applicant was “unconfident about her English skills, … rarely held interviews with native English speakers” and “turned down opportunities to interview [native English speaker candidates]”[1].
The FWC accepted that as a Human Resources Business Manager, the Applicant’s lack of proficiency in English and experience with hiring English-speaking candidates was a valid factor which satisfied a genuine redundancy. The FWC also concluded that the Employer satisfied its obligations to inform the Applicant of the impact of the structural change on her employment and provide a reasonable redeployment opportunity (which the Applicant rejected). Accordingly, as the Applicant’s redundancy was deemed ‘genuine’, the Employer had lawfully dismissed the Applicant and the Applicant’s claim was dismissed.
This case provides much needed clarity as to what factors can be lawfully considered during the redundancy process. However, redundancy processes are rarely straightforward and often complex to navigate with various issues, business objectives and employee rights differing depending on the industrial instrument specific to each employee.
If you are restructuring and considering making any staff redundant, you should obtain legal advice in relation to “genuine redundancies” and the redundancy process to ensure you minimise the risk of an employee having a successful Adverse Action or Unfair Dismissal Claim against your business.
Contact our Workplace Law Team for quality advice you can trust and assistance with implementing robust strategies to protect your business.
[1] Qian Tang v Hisense Australia Pty Ltd [2024] FWC 2259 [23]
A Binding Financial Agreement (BFA) is a legally enforceable contract under the Family Law Act 1975 (Cth) that allows married couples and those in de facto relationships to determine how their financial resources, property division, and liabilities will be handled in the event of separation or divorce cases. Family lawyers and divorce lawyers often recommend financial agreements as a means to secure financial certainty and prevent property disputes.
Binding Financial Agreements (BFAs) can be established at various stages of a relationship, ensuring financial clarity and legal certainty for both parties. These agreements provide a structured approach to managing assets, liabilities, and spousal maintenance, ultimately reducing the likelihood of costly disputes. Seeking guidance from leading family law firms and experienced family lawyers can help ensure that such agreements are legally enforceable and align with family law requirements.
A “pre-nup” is a commonly known term to describe a binding financial agreement that is signed before marriage or cohabitation. It allows couples to predefine how their finances will be managed throughout their relationship and in the event of separation. Engaging with Chamberlains family lawyers in Sydney supports the development of sound “pre-nup” agreements.
If one partner owns real estate, businesses, investments, or high-value assets, a binding financial agreement can protect these from being subject to property division in the event of separation.
Example: A business owner who built a successful company before marriage can use a BFA to prevent their former partner from claiming an interest in the business upon separation.
A financial agreement can safeguard inheritances, trusts, or family assets from being shared in a divorce. Our family lawyers in Sydney frequently assist in structuring such agreements in a cost-effective manner.
Example: A person expecting a large inheritance from their parents may want a pre-nup to ensure it remains separate from property settlement negotiations under family law. Our accredited family law specialists can provide the right strategy to protect these assets.
Individuals with children from a previous relationship may want to ensure their assets are preserved for their children’s future. Working with our dedicated family lawyers ensures the agreement upholds the best interests of all involved.
Example: A widowed individual remarrying later in life may use a binding financial agreement to protect their late spouse’s estate for their biological children while ensuring their new marriage remains financially secure. Seeking family law services from a leading family law firm like Chamberlains helps address complex family law matters like these.
A binding financial agreement can ensure that one partner is not held responsible for the other’s pre-existing debt, such as student loans, business liabilities, or personal loans. Consulting an experienced family lawyer ensures clarity in managing these financial responsibilities moving forward.
Example: If one spouse has a large amount of debt before marriage, a financial agreement can stipulate that the debt remains their sole responsibility. This ensures financial matters are addressed proactively.
A binding financial agreement can also be signed after marriage or during a de facto relationship, providing ongoing financial clarity and asset protection. Our Sydney family lawyers provide strategic advice around drafting agreements in line with the specific family law issues that apply to your circumstances.
If one or both spouses experience a significant increase in wealth due to business success, property investments, or inheritance, a binding financial agreement can define how these assets would be divided if the relationship ends.
Example: A couple marries while neither has significant assets, but later, one spouse builds a multi-million dollar investment portfolio. A leading family law firm can draft a legally enforceable agreement that clarifies asset ownership to avoid property disputes.
A financial agreement can help protect business assets from being split in a divorce settlement, ensuring the continuity of a company. Seeking guidance from our accredited family law specialists ensures protection from legal challenges.
Example: A couple launches a business together, and one partner contributes significantly more capital. A binding financial agreement can specify ownership percentages and financial responsibilities, ensuring clarity in financial arrangements moving forward.
By formalising financial expectations while the relationship is strong, couples can reduce emotional and financial stress in the event of separation. Consulting an experienced lawyer ensures that agreements comply with Australian family law.
Example: A couple who purchases property together may use a binding financial agreement to document their individual contributions and ensure a fair division later. This prevents family court intervention.
A post-separation binding financial agreement can be drafted after a couple has separated but before or after a divorce order is finalised. This type of agreement clarifies financial settlements and prevents disputes from escalating into court hearings.
A post-separation financial agreement allows parties to settle legal issues amicably and privately, reducing legal costs. Experienced family lawyers can help draft cost-effective agreements.
Example: A couple divorcing after 15 years of marriage agrees on a property settlement but wants to avoid a lengthy family court battle. A leading family law firm can assist in finalising a legally enforceable resolution.
A binding financial agreement can fast-track property settlements, allowing both parties to move forward with their lives without ongoing financial entanglements.
Example: A separated couple owns multiple properties and wants to divide them efficiently. Consulting our Sydney family lawyers ensures the legal process is handled correctly.
A Binding Financial Agreement (BFA) is a private contract between two parties that outlines how assets, liabilities, and spousal maintenance will be managed in the event of separation. Unlike Court Orders, a BFA does not require court approval, allowing couples to privately settle their financial affairs.
On the other hand, Consent Orders are legally approved by the Federal Circuit and Family Court of Australia (FCFCOA). These orders must meet the “just and equitable” standard under the Family Law Act 1975, ensuring that financial arrangements are fair for both parties. Because Consent Orders go through a court approval process, they offer stronger legal protection than a BFA.
Example: A business owner who wants to protect their assets from being divided during a divorce may choose a BFA, while a couple who owns multiple properties and wants a court-approved financial settlement may opt for Consent Orders.
Some couples mistakenly believe that a verbal agreement or a written informal agreement is legally binding. However, informal agreements have no legal standing in Australian family law. If one party disagrees with the terms in the future, they can dispute the agreement, forcing the other party into family court proceedings.
A Binding Financial Agreement, on the other hand, is legally enforceable under the Family Law Act 1975, provided both parties have received independent legal advice. This ensures that the agreement is fair and cannot be easily overturned.
Under the Family Law Act, binding financial agreements require independent legal advice. Only accredited family law specialists can draft a legally enforceable agreement.
Engaging Sydney family lawyers ensures BFAs comply with the family law process. At Chamberlains, our Family law solicitors provide legal representation in drafting legally enforceable agreements.
Choosing the right family lawyer ensures:
For a BFA to be legally enforceable, it must meet the following conditions:
Even a properly drafted BFA may be overturned in family law matters involving:
A Binding Financial Agreement (BFA) does not take away your legal rights. Instead, it serves as a structured plan to manage financial matters, ensuring both you and your partner make informed decisions regarding property settlement. A well-drafted BFA provides clarity and security within the legal system, helping to avoid lengthy disputes and uncertainty. With the guidance of leading family lawyers, you can ensure that your rights are fully protected while securing financial arrangements that align with your best interests.
A BFA must be entered into voluntarily. If one party is forced, pressured, or misled into signing, the agreement can be challenged and may be declared invalid. The legal system provides strong protections against duress, ensuring that both you and your partner enter the agreement with full awareness and without coercion. Seeking independent legal advice from a reputable legal practice is essential to confirm that the agreement is fair and enforceable.
Financial circumstances often evolve due to changes in employment, business success, investments, or unexpected expenses such as child support obligations. A well-structured BFA can include a review clause, allowing modifications to reflect current financial conditions. Without this safeguard, changes may require court intervention, making it crucial to seek legal advice from a family law team with extensive experience in financial settlements. Leading family lawyers can assist in drafting a BFA that remains fair and practical over time.
A BFA is not about distrust but about financial clarity and protection. Just as a will or insurance policy safeguards your future, a BFA provides both you and your partner with a clear plan for financial security. Many couples use BFAs to prevent misunderstandings and ensure that financial arrangements are handled fairly in the event of separation. By working with an experienced legal practice, you can create an agreement that strengthens your financial partnership rather than undermining trust.
If you are considering a BFA in New South Wales, follow these key steps to ensure it is legally binding and effective.
Before moving forward, book a free consultation with one of our family lawyers who has extensive experience in drafting binding financial agreements. This will help you understand your rights, obligations, and the legal process involved.
Each party must fully disclose their financial circumstances, including assets, liabilities, and income. Incomplete or misleading information can lead to disputes or challenges in court.
Both you and your partner must seek independent legal advice from different family lawyers. This ensures that each party understands the implications of the agreement, helping to secure its enforceability.
A well-drafted BFA requires precise legal language. Choosing our law firm which has a strong track record in family law matters, including property settlement and parenting arrangements, ensures compliance with legal requirements.
Selecting a reputable legal practice is crucial for achieving a fair and enforceable agreement. A leading firm should offer:
Family lawyer costs vary depending on the complexity of the agreement and the level of legal expertise required. It is essential to choose a firm like ours that provides clear, upfront information about legal fees. Many leading family lawyers offer a free consultation, allowing you to understand potential costs before committing to legal services.
A Binding Financial Agreement provides financial security and legal protection at every stage of a relationship. By setting clear expectations, it minimises disputes and ensures both you and your partner are protected under Australian family law.
Consulting the Chamberlains’ family law team provides you with the peace of mind that a binding financial agreement is drafted in accordance with the law, and in a way that best safeguards your rights and financial interests.
On 31 March 2025 Chamberlains Law Firm published an article calling for witnesses who may be able to assist in our investigation into allegations of physical and sexual abuse at Kingswood High School. We’re grateful for those who have responded to our article and we urge anyone with additional information to come forward to assist us with our investigation.
The Abuse Compensation Team at Chamberlains is currently assisting in investigations related to serious allegations of physical and sexual abuse at Kingswood High School NSW. We are urging any individuals who may have witnessed incidents of abuse, or who have information that could assist in these investigations, to come forward. Your voice is crucial in ensuring that those responsible are held accountable.
We understand that speaking out about sensitive matters like this can be difficult, but your testimony may make a significant difference in providing closure and support to those affected. If you are a current or former student, staff member, or have any information related to the situation, we encourage you to reach out in confidence. Your involvement may be instrumental in creating a safer and more supportive environment for everyone.
At Chamberlain Lawyers, we are committed to providing legal support to victims of abuse. Our team has extensive experience in handling sensitive cases, and we are here to ensure your rights are protected. Please don’t hesitate to contact us if you have information that could assist.
We acknowledge the bravery it takes to speak up about historic sexual and physical abuse. Chamberlains Law Firm remains committed to helping survivors of abuse to tell their stories and to fight for fair compensation.
Understanding the differences between casual and permanent employment in the Australian workforce is increasingly important, particularly in light of the changes to the provisions of the Fair Work Act 2009 (Cth). The Fair Work Act 2009 (Cth) Act provides specific definitions and entitlements for both types of employment, which have significant implications for employers and employees alike.
Casual employees, as defined under section 15A of the Fair Work Act 2009 (Cth), are typically engaged on an irregular basis and do not have the same entitlements as permanent employees. This distinction is crucial because it affects the rights and obligations of both parties in the employment relationship. For instance, section 123 of the Fair Work Act 2009 (Cth) explicitly states that casual employees, even those employed on a regular and systematic basis, are not entitled to redundancy pay.
The growing importance of understanding these differences is driven by the need for compliance with legal standards and the potential financial implications for businesses. Employers must accurately classify employees to ensure they are providing the correct entitlements and to avoid potential legal disputes.
The evolving workplace laws in Australia have significant implications for both casual and permanent employees, particularly in the context of the Fair Work Act 2009 (Cth) and recent legislative changes. For casual employees, the recent changes and impacts include:
Employment lawyers play a crucial role in helping employees navigate the complexities of the changing landscape regarding casual and full-time employment. Here are several ways which Chamberlains Law Firm can assist:
By providing expert legal advice and representation, Chamberlains Law Firm’s Workplace Team assists both employees and employers in making informed decisions and protecting their interests in a dynamic employment environment.
These are some key distinctions between casual and full-time employment contracts and their contents:
These differences highlight the importance of correctly classifying employees. Correctly classification is crucial for several reasons. Misclassification can lead to breaches of legal requirements and the Fair Work Act 2009 (Cth), resulting in penalties and legal action. Incorrect classification can also result in significant financial liabilities for employers, including back payment of wages, entitlements, and potential fines. For example, if a casual employee is misclassified as a permanent employee, the employer may be liable for unpaid leave entitlements. Misclassification can also lead to disputes between employers and employees over entitlements and working conditions. These disputes can escalate to legal proceedings, which are costly and time-consuming.
| Casual Employment | Full-Time Employment | |
| Flexibility | Offers flexible work hours, allowing for work-life balance. | Provides job security with regular, predictable hours. |
| Remuneration | Includes a casual loading, often resulting in a higher hourly rate. | Entitled to a stable salary with potential for added benefits. |
| Variety | Opportunity to work in different roles and industries. Potential to work for more than one employer. | Consistent role and responsibilities. Generally unable to engage in secondary employment. |
| Immediate Income | Paid for each hour worked, with no deductions for leave. | Regular income with paid leave entitlements. |
| Job Security | No guarantee of ongoing work or regular hours. | Less flexibility in work hours and location. Greater job security. |
| Paid Leave | Not entitled to paid leave (annual, sick, etc.) | Entitled to various types of paid leave including annual leave and sick leave. |
| Income | Income can vary significantly from week to week depending on hours worked. | Stable income with predictable pay periods. |
| Redundancy | Not entitled to redundancy pay. | Eligible for redundancy pay. |
| Career Development | Fewer opportunities for career advancement and training. | More opportunities for career growth and professional development. |
Casual employees are not protected from unfair dismissal unless they are able to prove that they are a regular and systematic employee. However, casual employees are protected from adverse action and if they experience adverse action for exercising their workplace rights, they are entitled to bring a general protections claim before the Fair Work Commission.
If you believe you have been subject to adverse action or are a regular and systematic casual employee who has been unfairly dismissed, please reach out to Chamberlains Law Firm Workplace Law Team to discuss your next steps.
Employees and Employers should be aware that the casual conversion pathways have changed. From 26 February 2025 (and from 26 August 2025 for small businesses) eligible casuals can issue a notice to convert to permanent employment through the employee choice pathway under the National Employment Standards.
Employees who have been employed for at least 6 months (or 12 months if employed by a small business) will be able to notify their employer of their intention to change to permanent employment. These employees may also request casual conversion if they believe they no longer meet the requirements of the casual employee definition. The request for conversion must be made in writing to the employer.
Employers must note that employees cannot request to become a permanent employee if they:
Employers in response to a request for casual conversion must:
If a dispute arises regarding converting from casual to full-time employment and this dispute has not been resolved at the workplace level, an application can be made to the Fair Work Commission to deal with the dispute. Chamberlains Law Firm are experienced advocates and can assist you in the Fair Work Commission and with the casual conversion process.
Understanding the differences between casual and permanent employment in the Australian workforce is increasingly important, particularly in light of the provisions of the Fair Work Act 2009 (Cth). The growing importance of understanding these differences is driven by the need for compliance with the law in order to best protect both the employer and employee. In a forever shifting employment landscape, Chamberlains Law Firm is with you. The Workplace Team are available to advise, represent and protect your rights and interests. Reach out to the Workplace Team today!
The Australian Taxation Office (ATO) is continuing its firmer recovery action subsequent to the COVID-19 Period in 2025, and seeking to recover a previously reported $34 billion in taxation debt from the SME sector.
It is now as important as ever for Directors, accountants and advisors to be aware of a Director’s personal exposure by way of a Director Penalty Notice (DPN), one of the suite of recovery mechanisms available to the ATO.
It has been reported that the ATO issued 26,702 DPNs covering corporate debt totalling approximately $4.4 billion in the financial year ended 30 June 2024. Similarly, the ATO’s enforcement efforts through other means, such as winding up applications and garnishee orders, have increased.
A DPN is a notice issued by the ATO, pursuant to Division 269 of Schedule 1 of the Taxation Administration Act 1953 (Cth) (“the TA Act”), to a Director that may make them personally liable for outstanding company taxation liabilities.
The relevant company taxation liabilities a Director can be made personally liable by the ATO for include:
Ignoring a DPN can have significant consequences for Directors, with the possibility that they become personally liable for the outstanding taxation liabilities, allowing the ATO to seek recovery and enforcement by them against the Director in their personal capacity.
There are two types of DPN that the ATO can issue to directors, being the following:
The non-lockdown DPN is issuable by the ATO in circumstances where the company has lodged its taxation lodgements within the prescribed periods (generally three months after the actual due date), however the associated liability remains unpaid.
A non-lockdown DPN provides a Director with a period of 21 days (NB, calendar days) for compliance by taking one of the following steps:
Failure to comply with one of the above steps will result in the Director being personally liable for the amount associated with the non-lockdown DPN.
The lockdown DPN can be issued by the ATO for company debts if a company has failed to lodge the required return within the specified timeframes (again generally three months after the actual due date), and the associated liability remains outstanding
The only option available to a Director and company to deal with a lockdown DPN is to pay the debt in full.
Division 269-35 of the TA Act provides certain defences to a Director in receipt of a DPN. These defences are summarised as follows:
If you receive a Director Penalty Notice from the ATO, it is important to consider your personal exposure and risk as soon as possible.
We recommend contacting your professional advisors (which may include accountants, business advisors and solicitors) as a matter of urgency, to ensure any personal exposure can be considered, a commercially-sound strategy developed, and appropriate steps undertaken within any DPN timeframe.
If you need legal advice concerning your exposure to a DPN (or potential exposure) and the appropriate strategy moving forward, please contact insolvency lawyers at Chamberlains Law Firm. We’re with you.
This article outlines the services and benefits of working with family law firms in Perth, including expert guidance on divorce, child custody, property settlements, and dispute resolution to help clients navigate complex legal challenges.
Family law issues in Western Australia can be stressful and legally demanding.
Family lawyers in Perth offer essential expertise to help clients navigate these challenges effectively.
A family breakdown is emotionally taxing, often involving disputes over children, finances, and safety. During this time, compassionate and informed legal guidance is essential. The Chamberlains WA family law team provides the expertise and support required to navigate separation-related issues.
WA family lawyers must ensure the best interests of the child under the Family Law Act. A good practitioner will assist with negotiating parenting arrangements, preparing for mediation, and resolving disputes before litigation. Lawyers must attempt to settle matters outside of court where appropriate.
Whether the separation is amicable or high-conflict, WA family lawyers help formalise arrangements and protect the safety of parents and children. The Chamberlains team provides experienced and sensitive representation for all kinds of custody matters.
In WA, property settlements are governed by the Family Law Act (for marriages) and the Family Court Act 1997 (WA) (for de facto couples). The aim is to achieve a just and equitable division of assets based on contributions and future needs. Non-financial contributions, including homemaking, are recognised.
Full and frank financial disclosure is required. Your lawyer will prepare a balance sheet, analyse contributions, and consider future needs to negotiate a fair settlement.
Should litigation be required, your WA family lawyer will protect your legal and equitable interests in matrimonial or de facto property.
Family lawyers in WA, including Chamberlains, provide vital support during family breakdowns. We offer guidance on parenting disputes, property settlements, and financial issues, ensuring fair outcomes while prioritising wellbeing. With extensive experience in mediation, settlement negotiations, and court advocacy, our team offers both legal expertise and compassionate assistance.
Working with a Brisbane Family Law Firm: Services and Support During Separation
This article outlines the services and benefits of working with family law firms in Brisbane, including expert guidance on divorce, child custody, property settlements, and dispute resolution to help clients navigate complex legal challenges.
Family law issues are emotionally challenging and legally complex, requiring expert support.
Family lawyers in Queensland provide the guidance needed to navigate legal issues effectively.
A family breakdown can be overwhelming and distressing. The disputes that arise—parenting, finances, or safety concerns—often extend beyond the legal sphere. During such a highly emotional period, it is important to have compassionate legal representation. The Chamberlains QLD family law team provides the expertise and support required to navigate the legal issues that arise during separation.
The Role of Family Lawyers in Parenting Disputes
Family lawyers must ensure that children’s best interests remain paramount in all Queensland parenting matters. A skilled practitioner will guide you through organising post-separation parenting arrangements, assist with mediation, and negotiate settlement proposals. Lawyers must attempt to resolve parenting matters out of court where appropriate under the Family Law Act.
A family lawyer may be instructed to formalise an amicable parenting arrangement or, in high-conflict situations, to protect the safety of you and your children. Having a lawyer experienced in QLD child custody matters ensures sensitivity and competence. The Chamberlains team embodies both professional experience and genuine understanding of the emotional nature of these disputes.
The Role of Family Lawyers in Property and Financial Disputes
Property settlements in QLD are governed by the Family Law Act and aim to achieve a just and equitable division of property. The FCFCOA considers financial and non-financial contributions as well as future needs.
Parties must provide full and frank financial disclosure, including all relevant documentation. Your QLD family lawyer will prepare a balance sheet, analyse contributions, and consider future needs to negotiate a fair settlement.
Your lawyer ensures that disclosure obligations are met and protects your financial interests. If litigation becomes necessary, your lawyer will advocate for a fair division of assets based on contributions and needs.
Divorce and Separation
Parenting Arrangements (Child Custody)
Property and Financial Settlements
Tailored Legal Advice
Support Through Mediation and Dispute Resolution
Advocacy in Court
Family lawyers in Queensland, such as Chamberlains, provide essential guidance during separation. We assist with parenting disputes, property settlements, and financial arrangements, ensuring fair outcomes while prioritising wellbeing and safety. With extensive mediation, negotiation, and court experience, our team provides both legal skill and compassionate support.