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 >
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 >
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 >
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 >
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 >
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 >
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 >
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 >
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 >
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 >
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 >
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 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 >
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 >
Imagine the scenario: you assist a client with their bookkeeping, accounting and payroll records. You know, or suspect, that the pay rates given to you do not correspond with the Award applicable to … 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 >
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 >
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 >
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 >
As of 1 July 2017 all aspects of the Local Nuisance and Litter Control Act 2016 commenced.
This now gives a council wide ranging powers to take action in respect of matters:
where a local … read more >
For many injured workers, the nature of their claims will change drastically from 1 July 2017.
Under the new Return to Work Act 2014 (“RTW Act") injured workers who were on the scheme at 1 … read more >
In this article, written by commerical and tax partner Greg Arthur, he discusses whether or not beneficiaries of a trust are able to disclaim their interest. Please click here to read … read more >
Eyre Peninsula landholders have been left wondering what the recent Iron Road mining lease and development approval for its proposed mine at Warramboo and the associated rail corridor to Cape Hardy … read more >
A Senate Committee has recommended the passing (with minor amendments) of the Turnbull Government’s Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 (‘the Bill’). At … read more >
Annual wage review
The Fair Work Commission has today set the 2017 national minimum wage at $694.90 per week, or $18.29 per hour. This constitutes a 3.3 per cent increase; an increase of $22.20 … read more >
It's something we've all seen before - mum and dad separate.
One parent (or the family of that parent) owns the family farm and the other parent decides to look for somewhere else to live.& … read more >
Late last year the Relationships Register Act was passed by the South Australian Parliament and assented to. It is likely to be proclaimed and commence operation this year. Similar Acts … read more >
Workers’ Memorial Day & World Day for Safety and Health at Work is an awareness-raising campaign designed to focus international attention on emerging trends in the field of occupational … read more >
We have all heard horror stories about the infamous 'lemon' car - the brand new car that seems to have things continually go wrong with it as soon as it is driven out of the showroom.
People in this … read more >
One of the paramount considerations in family law matters when dealing with children is a phrase repeated by lawyers and courts across the country, “what is in the best interests of the … read more >
Often in deceased estates, the main residence comprises a substantial part of the estate’s assets. It is important that advisers understand the consequences that arise from a main residence to … read more >
Planning & Development Partner, Anthony Kelly, is quoted in this week's Stock Journal discussing the acquisition rights the state government could use to acquire farming land in order to allow … read more >
In today’s multicultural and mobile society it’s becoming more common for a separated parent with primary care of their children to want to move to another part of the state, country or … read more >
Following on from the proposed changes to penalty rates announced by the Fair Work Commission last month, there were further determinations made last Friday (17 March 2017).
In this article, we take … read more >
Australian wine-making is an iconic production industry with global fame. Many of our wines are frequently recognised among the best in the world. The precursor to the global success of our wines is … read more >
The state government review of the Mining Act 1971 has the potential to have significant impacts on the agricultural sector.
In light of the review under way, a recent decision of the … read more >
It is common for clients who have recently separated from their partner to be reluctant to finalise their property arrangements or tempted to leave things “as they are”.
Unfortunately, … read more >
You may have already heard the news that the Fair Work Commission today handed down a decision regarding what penalty rates should apply to certain workers on certain days. Already the unions … read more >
Mellor Olsson Lawyers aims to give young netballers greater opportunities through its sponsorship of Netball SA and the Adelaide Thunderbirds, for their inaugural season in the Suncorp Super … read more >
Couples who are about to marry or planning on living together for at least two years can sign “pre-nups”, written agreements that are designed to protect “their” assets when … read more >
A herd of buffalo can only move as fast as the slowest buffalo.
When the herd is hunted, it is the slowest and weakest ones at the back that are killed first, and this natural selection is good for … read more >
South Australian law firm, Mellor Olsson, are pleased to announce former Partner, Darren Foeng, has re-joined the firm effective Monday 9 January 2017.
For Darren, who specialises in corporate and … read more >
The definition of a ‘de-facto relationship’ is set out in the Family Law Act (‘the Act’).
There are a clearly defined set of rules as to what constitutes a de-facto … read more >
Many family members who have a loved one suffering from a disability struggle to find the best way to legally protect funds that are meant for their care. This article, written by our tax … read more >
Wheat grower Brenton Davey, whose farm lies next to Rex Minerals’ tenement near Ardrossan, said yesterday he wants prime cropping land exempted from mineral exploration. … read more >
The Fair Work Ombudsman broke new ground last week obtaining the first penalty against a master franchisor for being an accessory to the exploitative practises of one of its associated companies. The … read more >
We're all guilty of it - providing work experience opportunities for a school student so that they get valuable 'hands-on' experience.
We keep it casual and no-one worries too much about what the … read more >
Following the recent storms and power blackouts across South Australia, we thought it might be useful to consider the use of force majeure clauses in contracts and frustration of contracts. In this … read more >
Separation is often an emotional and stressful time for all parties involved, including the children.
It is common in family law matters for one parent to believe that they should … read more >
The Medical Board of Australia have introduced new guidelines for cosmetic surgery which came into effect from 1 October 2016. In this article, Senior Associate, Sarah Vinall, takes a look at the … read more >
The Mining Act 1971 sets out how mining companies are to deal with landowners in SA. This includes the processes for entering onto a person's land and the paument of compensation if the land is to be … read more >
In June 2015 a trucking company boss, Peter Colbert, was found guilty of the manslaughter of one employee and endangering the life of another after knowingly allowing his employees to drive a truck … read more >
The Family Court of Australia and Federal Circuit Court have announced an "eDivorce strategy". By the end of this month (September 2016), both courts will accept and process Applications for Divorce … read more >
Despite being more than six years since the Personal Property Securities Act came into effect, many lawyers and business people still do not use or fully understand it.
The PPSA created the Personal … read more >
It has long been the case that small businesses have found themselves engaging with large businesses who have a ‘take it or leave it’ attitude when it comes to contracts, with larger … read more >
Philip Page, partner at Mellor Olsson and Chair of the Law Society’s Property Committee, received the Brian Withers award at the Law Society’s annual awards dinner on Friday 5 August 2 … read more >
Over recent months, Super SA have made a key change to their Triple S Super product and now allow its members, as well as those with a Flexible Rollover Product and Income Stream investors, the … read more >
Sarah Vinall, a Senior Associate in our Medical Negligence team, discusses the recent South Australian chemotherapy dosing scandal, the mistakes that were made in the … read more >
Foreign ownership of Australian farmland has been dominating headlines recently, and given the composition of the Senate following the recent federal election, that situation is unlikely to change … read more >
In this article, solicitor Victoria Gilliland, takes a look at the recent Supreme Court case Hoff & Anor v City of Mitcham & Ors  SASCFC 3 and the questions it raises about when … read more >
Last year’s state budget made a number of changes to stamp duty. One of those changes specifically targeted the transfer of property to charities.
Previously, where a gift was made to a … read more >
Preparing wills or a succession plan can be difficult at the best of times.
This is particularly the case for farmers, who often have complex business structures, such as trusts, partnerships, … read more >
The Annual Wage Review was decided this afternoon. In this article, our employment team summarise the key changes.
The Minimum Wage Panel has decided that the National Minimum … read more >
The Real Property (Electronic Conveyancing) Amendment Bill 2016 proposes to make the most dramatic changes to conveyancing practice in South Australia since the first Real Property Act … read more >
Mellor Olsson has been recognised by Doyle’s Guide as one of the leading agribusiness law firms in South Australia for 2016. Managing Partner, Greg Arthur, and Consultant, Andrew Goode, were … read more >
As most of you would be aware, Australia has recently signed two international trade agreements which will potentially have a significant impact on the Australian agricultural sector.
The … read more >
For better or worse, these days the seller of goods has to ensure what he or she is selling is of a suitable quality. Livestock is no exception, particularly in respect of disease. Anyone selling … read more >
With the government in unofficial election mode, you could be forgiven for thinking the 2016 budget would be uncontroversial.
In fact, significant tax and superannuation measures were introduced, … read more >
Managing Partner, Greg Arthur, has written a helpful guide suggesting some tax issues that Executors of an Estate should consider. You can read the article here.
This article was first … read more >
The March edition of The Bulletin, produced by The Law Society of South Australia, features an article by Senior Associate, Thea Birss, on the pros and cons of having a workplace code of conduct … read more >
When you are busy running a small business and receive a request for information about an employee’s entitlements from the Fair Work Ombudsman (FWO), it’s very tempting to ignore it and … read more >
The Fair Work Ombudsman announced on Friday that it will be pursuing legal action against Victorian accounting firm, EZY Accounting 123 Pty Ltd, over its alleged involvement in the underpayment of … read more >
I happened to be flying from Port Lincoln to Adelaide in November when fires tore through a large portion of the Mid-North. The scene from the air was devastating. Many farmers and residents lost … read more >
An apartment manager in Sydney was sacked recently by his employer, Meriton Apartments, after it was brought to their attention that he had called journalist Clementine Ford a derogatory name on her … read more >
It’s almost Christmas which for many companies means time for the Christmas party. Inevitably, some employees are prone to ‘over indulging’ and there is the real risk of bad … read more >
Last Wednesday the High Court ruled unanimously that an employer breached the sham contracting provisions of the Fair Work Act by misrepresenting an employment relationship with its workers as an … read more >
The Fair Work Act provides workers with a right to severance pay when their employer no longer requires their job to be done except where this is due to the ordinary and customary turnover of labour. … read more >
Legal proceedings to recover a client base or stolen information are high stakes. Undertakings as to damages are generally required. Pleadings are drafted in a mad rush to attempt to … read more >
Mellor Olsson's family law team has been recognised as a leader in SA for 2015 according to Doyle's Guide.
In addition, long-time firm partner Jennie Goodale has been named as a recommended lawyer … read more >
Question: We have problems with our wills. We have three married children with families but are estranged from one and one grandchild. With our other children’s consent, we have left everything … read more >
Choosing the right time to retire can be a hard decision and will depend on your finances, work enjoyment, health and many other factors.
With judges, the retirement age is determined by legislation. … read more >
Another Decision Proposes a Model Time Off In Lieu Clause
The Fair Work Commission has delivered another decision as part of its obligatory review of the Modern Awards. This time the Commission … read more >
A recent Qld case, Maynard, dealt with the difficulties of proving the death of a Mr Maynard for the purpose of finalising his estate.
Mr Maynard went on a surfing holiday to Bali in August 2014 by … read more >
Generally speaking, operating a business via a company addresses the risk of losing the family home should things turn bad. However, the law has ripped a few holes in the corporate veil to remedy … read more >
Mellor Olsson has been recognised by Doyle’s Guide as one of the leading planning and environment law firms in South Australia for 2015.
In addition, Firm Partners Anthony Kelly and Tim Mellor … read more >
Are You Ready for 1 July 2015? The Clock is Ticking!
The End of Financial Year is always a very busy time for businesses, particularly as it relates to employment issues. Big changes to your … read more >
Landmark Case – Employer Found Personally Guilty of Manslaughter of Employee
On 18 June 2015 a Supreme Court jury found an employer guilty of manslaughter and endangering the life of his … read more >
What You Need to Know About The 2015 Wage Rise!
On 2 June 2015 we advised you of the outcome of the Annual Wage Review for 2015. Now that the dust has settled, here are some things to consider as 1 … read more >
I DRAFTED the core of this article on disadvantages faced by small to medium businesses on May 13 and, much to my surprise, that night the federal government announced in its budget that the right to … read more >
Fair Work Commission Makes Changes to Awards regarding Annual Leave
As part of its obligatory review of the Modern Awards brought into existence in 2010, the Fair Work Commission this morning handed … read more >
Are You Prepared For The 2015 Wage Rise?
Our Legal E outlines the latest from The Fair Work Commission.
Annual Wage Review 2015
The Annual Wage Review was decided this afternoon. The Minimum Wage … read more >
The chorus to the old Creedence Clearwater Revival classic written by Marvin Gaye.
"Oh I heard it through the grapevine and I’m just about to lose my mind"
The "grapevine" effect was … read more >
Transferring Employees - What you need to know when buying or selling a business
There are many misconceptions about how to treat employees when you are purchasing or selling a business and … read more >
As of 1 July 2014, the new Advance Care Directive regime came into force, superseding the previous Enduring Power of Guardianship/Medical Power of Attorney regime.
An Advance Care Directive allows … read more >
By Greg Arthur and Andrew Smith, Mellor Olsson
Property settlements can be difficult in themselves to resolve without the added complexity of taking into account tax issues which make the task of … read more >
By Andrew Goode, Partner, Mellor Olsson
The Hon, Barnaby Joyce has persuaded the ANZ Bank to introduce a 12 month moratorium on forced farm sales in Queensland and New South Wales.
While Bank … read more >