In 2011, Safe Work Australia developed a single set of Work Health and Safety (WHS) laws which have been implemented almost nationwide. These are referred to as ‘model’ laws and to date, … read more >
Do you have to tell your ex spouse everything about your finances when in family law financial negotiations or court proceedings?
During family law financial court proceedings and negotiations, … read more >
At the end of last year there were a number of news reports about the claim brought by one by the Australian Competition & Consumer Commission against Landmark (trading as Seednet) in the Federal … read more >
Corporate governance is often considered to be too complex and time consuming for start-up and SME businesses to bother pursuing.
What many don’t realise is that embracing good corporate … read more >
Mellor Olsson are pleased to invite you to our second quarterly Local Government Property, Planning and Procurement Forum (LGP Forum) for 2019, ‘LGP Forum: Environmental risks associated … read more >
With an ever increasing demand for flexibility in employment relationships, the use of casual employees has become widespread. Both employers and employees often rely on casual employment to ensure … read more >
While American sitcoms and movies regularly portray the idea that assets acquired during the marriage are split on a 50/50 basis, in Australia the 50/50 rule does not apply.
Instead, there are five … read more >
Throughout most of Australia, the use of heavy vehicles is governed by the Heavy Vehicle National Law (SA) Act 2013 adopts the HVNL and applies its provisions to the use of heavy vehicles in SA. A … read more >
In 2018 80 people were killed in motor vehicle accidents in South Australia. Whilst the rate of deaths is slowly decreasing with improvements in technology and safety features in vehicles, it … read more >
A Will is an important document that comes into effect when you die. The person who makes the Will is known as the testator. Your Will sets out your wishes and directions in relation to the … read more >
Every workplace encounters employee disputes and misconduct allegations. Investigating these complaints can be difficult as they are often personal, complex and unpleasant. They also have potential … read more >
Restraint of trade clauses are becoming increasingly common in employment contracts. These clauses operate to protect a business’ legitimate interests, such as its confidential information and/ … read more >
Real estate is one of the most valuable assets people own during their lifetime and therefore needs careful consideration as part of an estate plan. Owners don’t always realise that real estate … read more >
Late last year, we wrote about the need for primary producers with an interest in goods supplied to someone to register the interest on the Personal Properties Secrities Register so that they could … read more >
There has been a lot of commentary recently on the Banking Royal Commission.
Many of the summaries detailing good governance practices and corporate social responsibility are nothing new. They are … read more >
My ex won't let me see the children - what are my rights as a parent post-separation?
This is a question family lawyers often hear when dealing with children’s arrangements. To answer … read more >
Medical practitioners owe a high duty of care to their patients. This does not mean however, that if something goes wrong during treatment or surgery, that the patient automatically has a negligence … read more >
It is now well known that many entitlements previously available to injured workers under the old workers compensation legislation have been stripped back under the current Return to Work Act 2014 ( … read more >
The Local Government sector is the owner and custodian of more land and enters into a greater number of occupancy arrangements than anyone else in SA.
In this forum we focus on the key issues … read more >
You may have heard the statistic that about half of Australian adults do not have wills. This means that many of us are rolling the dice when it comes to what happens to our assets when we die – … read more >
Christmas is just around the corner and another year is almost over.
The festive season should be a joyous time of year, but it can be a difficult time for some families.
For those parties who have … read more >
It has been a challenging year for those in primary production.
Aside from the tough climatic conditions in a number of areas, two of the most high profile issues have been the listeria outbreak in … read more >
People often don’t realise that there are a number of requirements you must meet and procedural aspects to follow when you decide to divorce. This article explains the three key stages of the … read more >
The Courts in South Australia are managed by the Courts Administration Authority. You may have heard that the Courts Administration Authority is overhauling its case management system. These changes … read more >
As we continue to see the building and construction industry work through the fragile economy, it is timely to revisit the options that builders, sub-contractors and workers have in securing … read more >
Significant changes to the Superannuation system took effect from 1 July 2017.
These changes may affect your current estate planning arrangements. In this video, Mellor Olsson Partner, Joe Anderson, … read more >
We are excited today to reveal a new look for Mellor Olsson.
Why the change?
Mellor Olsson was formed in 1992, from a merger between two long-established South Australian law firms, Mellors … read more >
The Personal Property Securities Act 2009 says in order for a producer to maintain an interest in goods supplied to someone, it is necessary to register the interest on the Personal Properties … read more >
Two South East landholders who had land compulsorily acquired for an environmental drain want to use their experiences to ensure a fair deal for other SA farmers into the future. … read more >
Amendments to the Residential Parks Act 2007 will have significant implications on owners and managers of caravan parks.
If you are responsible for a caravan park that has long term … read more >
As a family lawyer based in the Clare Valley, I often encounter parties who have separated whereby the vast majority of their assets are held in trust.
The common example is a situation in which a … read more >
Dealing with financial institutions and other creditors can be a difficult issue for those in the agricultural sector.
The government has recently introduced the Farm Debt Mediation Act 2018,& … read more >
Under section 71CC of the Stamp Duties Act, primary producers can transfer primary production land between family members and their trusts without stamp duty being levied. However, the … read more >
If you have suffered severe injuries in a motor vehicle accident in South Australia, you may be entitled to receive assistance from the Lifetime Support Scheme ('the Scheme') or compensation under … read more >
Estate planning for blended families can often pose significant challenges for clients and their lawyers.
In most instances, the couple (whether they are married or in a de-facto relationship) wish … read more >
Australian businesses have, for many years, operated on the assumption that an employee who is engaged and paid as a casual is also a casual for the purposes of the Fair Work Act. Such … read more >
In his review of the operation of the Return To Work Act, the Hon. John Mansfield AM QC reported in June 2018 that the Return To Work (RTW) Scheme is financially sustainable and that the average 1.7% … read more >
In years gone by, if someone had a complaint to make about something or someone, they would write a letter about it. Times have changed. These days you will typically find these complaints being made … read more >
Court proceedings can be issued for a number of reasons. It could be as a result of a relationship breakdown, for recovery of a debt, to contest a will, or to seek performance of an obligation under … read more >
The range of items produced on agricultural land is extensive - grain, grapes, hay, nuts, fruits and vegatbles, to name a few. As everyone in the industry knows, producing from the land is just the … read more >
Legislation was introduced to the Federal Parliament in late June that, if passed, will give judges the power to prevent an alleged perpetrator of violence from cross-examining their alleged victim … read more >
The surge in popularity of social media, beginning in the mid-2000s, has created a number of platforms by which users can connect and engage with one another. From Facebook to Twitter, Instagram to … read more >
Being involved in a car accident, particularly one which was not your fault, can be a stressful and upsetting experience. On top of dealing with your insurance company for property damage, the at … read more >
It’s the classic story – your elderly parent has just passed away and one of your siblings - you know, the one that rocks up at Christmas without so much as offering to bring a bottle and … read more >
Becoming a director of a family-farming company can mean an increase in the share of profits and more control with what happens, but it also comes with more responsibility.
Company directors … read more >
This article provides a brief outline on the operation of retirement villages in South Australia, with the aim of clarifying some misconceptions. It is aimed at people who are considering moving to a … read more >
On 1 March, the Local Government (Mobile Food Vendors) Amendment Act (Amendment Act) and the Local Government (General) (Mobile Food Vendors) Variation Regulations (Regulations) came into effect. … read more >
Mellor Olsson are delighted to announce that Partner, Joanna Andrew, was last night recognised as one of South Australia's leading young business entrepreneurs in the inaugural InDaily 40under40 … read more >
Directors can be held liable for their business’s work health and safety breaches, even though they are personally removed from day-to-day operations. In fact, under the Work Health and Safety … read more >
Under the changes brought about by the Return to Work SA Act 2014 (“RTWSA”), a number of entitlements that were previously available to workers were stripped back, with claimants losing … read more >
The Fair Work Commission (‘FWC’) today delivered the Annual Wage Review decision. The increase of 3.5% was greater than in previous years (3.3% and 2.4% respectively), although it was … read more >
A report released last year, Wage Theft in Australia, found that underpayment of wages is widespread amongst international students, backpackers and other temporary migrants in Australia with almost … read more >
The use of genetic engineering and biotechnology to create genetically-modified crops has attracted worldwide attention in the past decade and is quite a divisive issue.
In SA, the debate … read more >
Once you have decided that your business could do with engaging someone external, you need to decide on the capacity in which you would like them to join the team. The appointment of a Director and … read more >
When people separate after a relationship breakdown, their priority is usually the division of the assets. This could include the house, car, shares, savings, superannuation and other types of assets. … read more >
As we’ve written about before, having a Board can be of immense value, regardless of whether you are a start-up business or an established SME. Below are five ways a Board can add immediate … read more >
Significant amendments to the Retail and Commercial Leases Act (RCLA) that will impact on the leasing and licencing practices of Councils are still in the pipeline.
In 2014 the Small … read more >
We all know the situation: negotiations have been back and forth, an agreement is reached and the deal is sealed by the good old handshake.
The iron-clad guarantees of the handshake agreement … read more >
It is widely accepted that the cost of having a specialist solicitor prepare your will can vary and in some cases, can be expensive. This has prompted some people to consider alternatives, such as … read more >
Ever heard the expression “if you can get through life without ever seeing the inside of a courtroom, you’ve done well”? That expression largely holds true, but unfortunately for … read more >
With start-ups and young businesses, ensuring that you have people on board with the skills required to take it in the right direction is critical. As a founder or director, it’s likely that … read more >
When you hear people talking about how someone is ‘contesting a will’, they are generally referring to a claim under the Inheritance (Family Provision) Act 1972 (the IFP Act). The IFP Act … read more >
'Mad March' is the time of year when Adelaide transforms itself into a bustling tourist hotspot.
In addition to regular attractions such as the Fringe Festival, the Adelaide 500, and WOMADelaide, … read more >
Recently, a number of decisions have been handed down dealing with ‘post separation contributions’ and how they are considered under the Family Law Act (1975) Cth.
‘Post separation … read more >
Late last year trucking company Atkins Freight Services got a nasty shock when the Federal Court set aside two Deeds of Settlement (also known as Deeds of Release) they had entered into with former … read more >
We are increasingly seeing applications to join third parties in matrimonial and de facto property court proceedings.This is because in 2004 Part VIIIAA was introduced to the Family Law Act, … read more >
It is frustrating having to advise a client that the law will not enable them to achieve what they want to achieve.
This has often been the case when advising clients about business restructuring. … read more >
There are two key Board structures which you will commonly encounter, the advisory board and the formal Board. The answer as to which Board is right for you will depend on which stage you are at in … read more >
The importance of having a precisely drafted will has been recently highlighted in the South Australian Supreme Court case of Farrelly v Phillips & Ors  SASCFC 111.
This case … read more >
The term “claim farming” may sound like a light hearted phrase, but the consequences for those claimants involved in a Compulsory Third Party (‘CTP’) claim farming scheme can … read more >
The Stolen Generation Reparations Scheme (SGRS) is an administrative scheme established by the South Australian Government. It allows for individuals who are Aboriginal and were removed from their … read more >
Making sure that workers are being paid correctly is a potential minefield for msot industries these days, with the agriculture sector and farming no exception.
This is particularly true given the … read more >
It is becoming increasingly common for beneficiaries of deceased estates to be foreign residents. Estate distributions to foreign residents may have unfair consequences for other beneficiaries. … read more >
Business owners occasionally need to sack employees who have committed workplace misconduct because of the damage they can do to staff morale and the bottom line. When this occurs, the last … read more >
The first practice direction has now been issued by the State Planning Commission (“the Commission”) under the new Planning, Development and Infrastructure Act 2016 (“PDI Act”) … read more >
In May, we wrote about an accounting firm, Ezy 123 Accounting (“Ezy”), which had been found guilty of accessorial liability under the Fair Work Act 2009 (“the Act”) for … read more >
We have previously highlighted some of the complications surrounding the legal status of LGBTI couples and legislation that may have serious consequences for them when it comes to Wills, estates and … read more >
Regularly reviewing your Will is very important as your family circumstances and assets continually change. Not only should you ensure that the terms of your Will reflect your intentions about … read more >
Over the years we have had many clients who have received this kind of shock and just as many who have taken this course of action. It might surprise you that lawyers will sometimes advise a … read more >
Do you find the idea of having difficult conversations with other family members about the succession plan for your business too daunting?
The good news is that there are steps you can take now that … read more >
In the matter of Thorne & Kennedy  HCA 49, the High Court of Australia (“the High Court”) has recently handed down an important decision in relation to Binding Financial … read more >
The use of email has revolutionised the way that we do business. Communications can occur with an immediacy not before achieved but it is easy to forget how powerful email can be and that with … read more >
Usually when a couple separate, one party moves out of the home that they shared together. This then raises the issue of who is responsible for paying the home loan.
If both of you are the … read more >
The business market, regulators and the general community now demand higher standards of corporate behaviour. Because of this, director accountability is at its prime and the expectations and … read more >
Given that October is National Safe Work Month, we thought it might be timely to look at what’s new in Work, Health and Safety.
Duty to public at large
The recent case of Boland v Safe is … read more >
Access to water is an ongoing issue for all involved in the agricultural sector.
In the past decade, this resource has had ongoing regulation placed on its use and a person's entitlement to it.
The … read more >
Putting aside the moral issues surrounding the current debate on marriage equality, with the postal plebiscite on same sex marriage underway, it’s important for people to know what … read more >
South Australian law firm, Mellor Olsson, are pleased to announce James McEwen has joined the firm as a Partner.
James has been working in NT and SA in both public and private practice for almost 20 … read more >
Generally, the transfer of assets held in a person's name is exempt from stamp duty if they are transferred by Will or on intestacy (where no Will disposes of the assets). However, these … read more >
Accolade Wines announced yesterday that 35 voluntary redundancies were being offered to staff at Berri Estates Winery. This morning, Mellor Olsson Senior Associate, Thea Birss, discussed … read more >
Changes made to Civil Aviation Safety Regulations in September last year mean that operators of remotely piloted aircraft, or drones, weighing less than two kilograms no longer require an operator's … read more >
Recently I went to see a performance of State Opera of SA’s production of the comedic opera Gianni Schicchi. The story revolves around the death of a rich nobleman in Florence. His family are … read more >
This week (21 – 27 August 2017) marks Brain Injury Awareness week across Australia. Brain Injury is far more common and prevalent in society than many realise.
Did you know that:
Over 700,00 … read more >
A recent case highlights the need for caution and diligence when entering into a lease or sublease.
"Puddle Jumpers" is an Adelaide charity which had been leasing a portion of land next to the old … read more >
A South East man was in the news last month after being charged with six counts of wilfully making a statutory declaration, knowing that declaration to be untrue.
Those who breach section 27 … read more >