International family law cases, involving issues like child custody, child abduction, and property division across borders, present unique challenges and complexities. As family lawyers specialising in this area, we navigate the intricacies of international law, jurisdictional issues, and cultural differences to achieve the best possible outcomes for my clients. One of the primary challenges in international family law is determining which country's laws apply and which court has jurisdiction to hear the case. This can be particularly complex when dealing with countries that have different legal systems and cultural norms. The Hague Convention on the Civil Aspects of International Child Abduction is a crucial international treaty that provides a framework for resolving child abduction cases. As family lawyers, we assist clients in navigating the Convention's procedures and advocating for the prompt return of abducted children. In property and financial matters, international family law cases can involve tracing and valuing assets located in different jurisdictions, enforcing court orders across borders, and navigating complex tax implications. This often requires collaboration with legal professionals in other countries and a deep understanding of international legal frameworks. We guide clients through the complexities of international family law, providing expert advice and representation. We work diligently to protect their rights, navigate jurisdictional issues, and achieve just and equitable outcomes in cross-border disputes.
Leaving a gift in a Will to a not-for-profit organisation (NFP) is one of the most meaningful ways a person can create a lasting legacy. For many testators and testatrixes, it is an opportunity to support causes they care deeply about long after they are gone. For NFPs, bequests are an often underutilised but incredibly powerful funding stream — one that can provide long-term financial sustainability without the need for ongoing fundraising campaigns. What is a Bequest? A bequest is a gift made in a Will. Some forms include: A percentage of the estate (residuary of the Estate) A specific sum of money (cash bequest) A particular asset (such as property, shares or artwork) For many clients, a bequest is an attractive option because it allows them to provide for family first, while still leaving a meaningful contribution to a cause they value. Common Types of Bequests When preparing a Will, it is critical that the clause is drafted correctly to avoid uncertainty or disputes. Below are two of the most common types of charitable bequests. 1. Residuary Bequest A residuary bequest gifts a percentage of the remaining estate after all debts, expenses and specific gifts have been dealt with. Example clause: I give and bequeath to [Full Legal Name of Charity] (ABN [insert]) of [address] the sum of [insert percentage, e.g. 10%] of my residuary estate for its general charitable purposes, free of all duties and taxes. I declare that the receipt of the Chief Executive Officer, Treasurer or other authorised officer for the time being of the organisation shall be a sufficient discharge to my Trustee, who shall not be bound to see to the application of this gift. This works well because residuary gifts naturally adjust with the size of the estate and reduce the risk of unintended consequences if asset values change over time. 2. Cash Bequest A cash (or pecuniary) bequest is a fixed sum gifted to the charity. Example clause: I give and bequeath to [Full Legal Name of Charity] (ABN [insert]) of [address] the sum of $[insert amount] for its general charitable purposes, free of all duties and taxes. I declare that the receipt of the Chief Executive Officer, Treasurer or other authorised officer for the time being of the organisation shall be a sufficient discharge to my Trustee, who shall not be bound to see to the application of this gift. Fixed amounts can lose value over time due to inflation, so some clients prefer percentage-based gifts instead. Why NFPs Should Be Actively Promoting Bequests Bequests are not just a legal mechanism — they are a strategic opportunity. Forward-thinking NFPs are increasingly building structured bequest programs as part of their fundraising strategy. This can include: Educating supporters about leaving a gift in their Will Providing suggested wording (like the clauses above) Hosting “Wills days” or legacy planning events Creating recognition programs for legacy donors Unlike traditional fundraising, bequests often come from highly engaged supporters and can result in significant contributions that materially impact an organisation’s future. Can Family Members Challenge a Bequest? The short answer is yes. In Australia, eligible family members can bring a family provision claim to challenge a Will if they believe they have not been adequately provided for. This means that even where a bequest has been validly drafted, it may still be reduced or altered by the Court. Should an NFP fight a claim? In most cases, our practical advice is to negotiate first. Litigation can be: Costly Time-consuming Reputationally risky for the organisation Many disputes can be resolved through commercial negotiation, balancing the needs of the family with the intentions of the deceased. NFPs should approach these situations pragmatically. The goal is to preserve as much of the gift as possible while avoiding unnecessary legal spend. When a Bequest May Not Be Suitable Not all gifts are straightforward or beneficial. Examples we often see include: Property that is expensive to maintain or difficult to sell Gifts tied to strict conditions the charity cannot realistically fulfil Assets that fall outside the charity’s purpose or operational capacity In these situations, it is often possible to work with the executor or executrix and the family to vary how the gift is applied, while still honouring the testator or testatrix’s intention. This may involve: Redirecting the gift to a general purpose fund Selling an asset and applying proceeds differently Agreeing on a practical alternative outcome The key is collaboration and not a rigid adherence to terms that may no longer be workable. Final Thoughts Bequests sit at the intersection of law, legacy, and impact. For individuals, they provide a powerful way to support causes that matter. For NFPs, they represent a long-term, sustainable funding opportunity. The most effective outcomes arise where: Wills are clearly and professionally drafted NFPs are proactive in their approach to bequests All parties take a practical, solution-focused approach where issues arise If you are considering including a charitable bequest in your Will or if your organisation is looking to establish or strengthen a bequest program and obtaining the right legal advice is critical.
The body content of your post goes here. To edit this text, click on it and delete this default text and start typing your own or paste your own from a different source.
Hammond Nguyen Turnbull is proud to have acted in a significant and long-awaited victory for champion harness racing driver Greg Bennett, who has been cleared to return to the sulky following a successful appeal before the Queensland Civil and Administrative Tribunal (QCAT). Our Special Counsel, Peter Morris, instructed Mr Murdoch of King's Counsel for the Applicant in proceedings that mark one of the most important integrity and licensing decisions in recent harness racing history. After a 14-year absence from the industry, seeking a fresh start, Mr Bennett applied to be licensed in Queensland. When the Queensland Racing Integrity Commission (QRIC) refused his application, the matter proceeded to QCAT on appeal. The Tribunal undertook a detailed review of the history of the matter, the prior criminal proceedings, the integrity investigation process, and Mr Bennett’s character and conduct over many years. In a carefully reasoned decision, the Tribunal made several important findings: Mr Bennett had previously been found not guilty of criminal charges, including matters relating to the alleged production of his mobile phone. He was not charged with corruption. The only live issue relied upon to challenge his fitness to hold a licence was the historic “iPhone issue.” Evidence showed Mr Bennett had been consistent in his account over many years regarding the phone and his lack of knowledge of the broader scandal. No evidence was produced to the Tribunal contradicting his account. Witnesses gave uncontested evidence that he is mentally and physically fit, possesses the requisite skills and knowledge, and would be a positive contributor to the industry. Both NSW and Queensland authorities had already accepted his involvement in the industry as an owner, reflecting a level of ongoing trust. The Tribunal recognised his previously sound record, lengthy period of disqualification, and time away from the industry. Critically, the Tribunal also found that the process used to obtain evidence concerning Mr Bennett’s mobile phone had been so affected by irregularities that it led to “inexact proofs and indefinite testimony.” After considering the totality of the evidence, QCAT concluded that Mr Bennett is a fit and proper person to hold a Harness Racing Grade A Driver Licence. The Tribunal therefore: Set aside QRIC’s decision to refuse his application, and Substituted its own decision that Mr Bennett is eligible to be licensed. This ruling clears the way for one of the sport’s most accomplished drivers to return to competition after more than a decade in exile. Why This Decision Matters This decision is significant well beyond one individual. It reinforces that: Licensing decisions must be based on reliable and properly obtained evidence Historical allegations cannot be allowed to overshadow clear findings of good character and fitness without a proper evidentiary foundation Racing participants are entitled to procedural fairness, particularly where their livelihood and reputation are at stake For many in the industry, the outcome represents a long-overdue recognition that Mr Bennett’s continued exclusion was no longer justified. HNT – Experience in Racing and Integrity Matters Hammond Nguyen Turnbull regularly advises and represents trainers, drivers, owners, and other participants in: Stewards’ inquiries Integrity and rule breach proceedings Licensing disputes Appeals and tribunal reviews These matters are complex, highly specialised, and often career-defining. Early, strategic legal advice can make a critical difference to the outcome. If you are facing a racing integrity investigation or licensing issue, our team has the experience to guide you through the process and protect your interests.
Hammond Nguyen Turnbull recently acted for homeowners in a contested building dispute before the NSW Civil and Administrative Tribunal (NCAT), resulting in a money order in favour of the clients. The matter concerned defective residential building work carried out under a renovation and extension contract. Following a fully contested hearing, the Tribunal found in favour of the homeowners on every disputed defect item, preferring the evidence and methodology of the homeowners’ expert over that of the builder. The Tribunal also preferred a money order over a work order. Key Findings The Tribunal accepted that the builder breached statutory warranties under the Home Building Act 1989 (NSW) , including failing to: Perform work with due care and skill Carry out work in accordance with approved plans and specifications The Tribunal rejected the builder’s request to rectify the works themselves and instead awarded a money order, allowing the homeowners to engage alternative contractors. In considering whether a work order or money order should be granted, the Tribunal considered a money order to be the preferred outcome in consideration of: The builder not evidencing any measures put into place to avoid the defective works occurring again; The lack of communication from the builder prior to the commencement of the proceedings; and The lack of confidence that the builder would ‘do the right thing’. Expert Evidence Was Critical The Tribunal accepted the homeowners’ expert evidence in full, describing the expert as “impressive” and noting his detailed methodology, practical experience, and reliable costings. The builder’s expert evidence was given significantly less weight. This decision highlights the importance of early expert engagement and strategic case preparation in building disputes. Why This Decision Matters This case reinforces that: Builders must strictly follow approved plans unless a written variation exists Defective work does not need to cause water ingress to breach statutory warranties Rectification by the builder is not automatic where confidence has broken down Well-prepared claims supported by expert evidence can succeed Need Advice on a Building Dispute? NCAT is designed to be an accessible forum, but navigating the procedural rules, evidence requirements, and complex building law principles requires specialised knowledge. Attempting to represent oneself against a builder's legal team often leads to frustration and inadequate compensation. Our firm's expertise in building and construction law means we can: Properly frame the legal claim to maximise the chances of success. Identify and instruct the right expert witnesses. Effectively manage evidence and cross-examination within the Tribunal setting. Negotiate from a position of strength during mediation or compulsory conferences. If you are dealing with defective building work or an uncooperative builder, early legal advice can make all the difference.
When a loved one passes away, the task of managing their final affairs can feel overwhelming. Dealing with banks, real estate, and other assets often requires a formal legal authority before anything can be done. This is where the Supreme Court of NSW steps in to issue a grant that empowers someone to manage the deceased's estate. The two most common types of grants are a Grant of Probate and a Grant of Letters of Administration . The one you need depends entirely on one crucial factor: whether the deceased left a valid will. Grant of Probate: When There Is a Will A Grant of Probate is a formal document issued by the Court that certifies a deceased person's will is valid and gives the person named as the executor the legal authority to carry out the instructions in that will. Who applies? The executor(s) named in the deceased’s last valid will. What is its purpose? It confirms the executor’s role and allows them to manage the estate. With this grant, the executor can: Access and close bank accounts. Sell or transfer property, such as the family home. Claim life insurance and superannuation benefits. Pay the deceased’s debts. Distribute the remaining assets to the beneficiaries as specified in the will. In essence, Probate is the legal process of bringing a will to life and giving the executor the green light to follow the deceased's final wishes. Letters of Administration: When There Is No Will When a person dies without a valid will or no will at all, they are said to have died "intestate." In this situation, there is no will to follow and no named executor to take charge. This is where a Grant of Letters of Administration is needed. Who applies? Since there's no executor, the law sets out an order of priority for who is eligible to apply to the Court to manage the estate. This is usually the deceased’s closest next of kin, starting with their spouse or de facto partner, then children, parents, and so on. The person appointed by the Court is called an administrator . What is its purpose? The grant gives the administrator the same powers as an executor—to collect assets and pay debts. However, the crucial difference lies in the distribution of the estate. Instead of following the instructions of a will, the administrator must distribute the assets according to a strict formula set out in NSW law (the Succession Act 2006 ). This is known as the "rules of intestacy." Letters of Administration can also be required if there is a will, but the named executor is deceased, unwilling, or unable to act. Is a Grant Always Necessary? For very small estates, a formal grant may not be needed. If the deceased only had a small amount of money in a bank account, the bank might agree to release the funds to the next of kin without a grant. However, this is at the discretion of the financial institution. If the estate involves real estate of any kind, a grant will almost certainly be required to transfer the title. The best way to ensure your assets are distributed according to your wishes and to simplify the process for your loved ones is to have a legally valid and up-to-date will. This allows you to choose your own executor and decide exactly who gets what, avoiding the strict, impersonal formula of intestacy law.
Artificial intelligence is no longer science fiction; it's a fundamental part of the modern business toolkit. From automating client communications and analysing contracts to making hiring decisions and setting prices, AI is driving unprecedented efficiency and innovation. But as we integrate these powerful tools deeper into our operations, we venture into a new and complex legal and ethical landscape. For businesses in Australia, harnessing the power of AI means looking beyond the technological benefits and confronting the critical legal questions it raises. Are you prepared for the risks? Key Legal Battlegrounds for AI in Business The introduction of AI challenges long-standing legal principles. Our current laws were written for human actors, and applying them to autonomous, learning systems creates significant gray areas. Contracts and Liability: Who's Responsible When the AI Gets It Wrong? Imagine an AI system, tasked with procurement, negotiates and executes a contract for faulty goods. Who is liable for the breach? The business that deployed the AI? The AI's developer? The issue strikes at the heart of contract law, which is built on human concepts like intent and capacity. Furthermore, the "black box" problem—where an AI's decision-making process is too complex for even its creators to fully understand—makes it incredibly difficult to determine fault when something goes wrong. If an AI-driven financial advisor gives negligent advice, proving the 'how' and 'why' becomes a major legal hurdle. Intellectual Property: Can an AI Be an Inventor? Generative AI can now create art, write code, and even design new products. This raises a fundamental IP question: who owns AI-generated work? Under current Australian law, copyright and patent ownership are tied to human authorship or invention. A landmark Federal Court case ( Thaler v Commissioner of Patents ) confirmed that an AI cannot be named as an "inventor" on a patent application. This means businesses must have clear policies on how AI is used in the creative and inventive process to ensure they can protect the resulting intellectual property. Data Privacy: The Fuel for the AI Engine AI systems are fuelled by data—often, vast amounts of it. This directly engages your responsibilities under Australia’s Privacy Act 1988 . Businesses must consider: Lawful Collection: Are you transparently informing individuals that their personal information will be used to train or be processed by AI systems? Data Security: How are you protecting the massive datasets used by your AI from cyber threats and breaches? Automated Decisions: If your AI makes a significant decision about an individual (e.g., approves or denies a credit application), can you explain the basis of that decision as required by privacy principles? The Ethical Tightrope: Beyond Legal Compliance Staying on the right side of the law is just the starting point. The ethical implications of AI usage can carry enormous reputational risk and impact your social license to operate. Bias and Discrimination An AI is only as good as the data it's trained on. If historical data reflects societal biases (e.g., hiring practices that favoured one demographic over another), the AI will learn and perpetuate those biases, often at scale. Using a biased AI for recruitment or performance management could lead to discriminatory outcomes that are not only unethical but also a breach of anti-discrimination laws. Transparency and Explainability When a customer is denied a loan or a candidate is rejected for a job by an AI, they deserve to know why. Businesses have an ethical obligation to strive for "explainable AI." A lack of transparency can erode trust with customers, employees, and the public, leading to a perception that your business uses arbitrary or unfair automated processes. Accountability and Human Oversight Ultimately, an AI is a tool. A business cannot delegate its corporate responsibility to an algorithm. It's crucial to establish clear governance frameworks that define who is accountable for the AI's deployment and outcomes. Meaningful human oversight must be maintained to catch errors, override poor decisions, and ensure the technology operates in alignment with your company 's values. Charting a Course: Practical Steps for Your Business The legal and ethical landscape for AI is evolving rapidly. To navigate it successfully, businesses should be proactive: Conduct an AI Audit: Identify all the AI systems used in your business and assess them for legal compliance, data privacy risks, and potential bias. Develop an AI Governance Policy: Create clear internal rules for the ethical development, procurement, and deployment of AI. Define roles and responsibilities for oversight. Prioritise Transparency: Be open with your stakeholders about how and where you use AI. Update your privacy policies and terms of service accordingly. Stay Informed: Keep up-to-date with guidance from regulatory bodies and emerging case law concerning AI in Australia. Seek Expert Advice: Before deploying a new AI system, consult with legal professionals who understand the intersection of technology, commercial law, and privacy. AI offers a competitive edge that is too significant to ignore. However, embracing it without a clear-eyed view of the legal and ethical risks is a gamble. The businesses that thrive in the algorithmic age will be those that innovate responsibly, building a foundation of trust and accountability around their technology.
As family lawyers, we understand that court deci sions can have a profound impact on families, and sometimes, a party may feel that the court has made an error in their case. In such situations, an appeal may be an option. However, it's crucial to understand the legal grounds for appeal and the potential risks and costs involved. An appeal is not simply a rehearing of the case. It's a review of the lower court's decision by a higher court to determine whether the decision was legally sound. Generally, appeals are only allowed on questions of law, not on questions of fact. This means that the appeal court will not usually reconsider the evidence presented in the original trial but will focus on whether the lower court applied the law correctly. There are strict time limits for filing an appeal, and the process can be complex and expensive. As lawyers, we advise clients on the merits of their appeal, the likelihood of success, and the potential costs and delays involved. We also assist in preparing the necessary legal documents and representing clients in the appeal court. Appealing a family law decision is a significant undertaking that should not be taken lightly. It's crucial to seek legal advice to understand your options and make an informed decision about whether to proceed.
Whether you're a first-home buyer eagerly stepping onto the property ladder, a parent helping your child secure their first mortgage, or a business owner financing a new venture, securing a loan is a significant financial milestone. The paperwork can be overwhelming—a dense stack of documents filled with complex legal terms and clauses. It’s tempting to simply trust the lender, sign where indicated, and get on with it. However, these documents are legally binding contracts that can have profound and lasting consequences for your financial future. This is where Independent Legal Advice (ILA) becomes not just a recommendation, but an essential safeguard. At Hammond Nguyen Turnbull, we believe that being fully informed is the best way to protect your interests. Let's explore what ILA is and why it's a non-negotiable step in the loan process. What Exactly is "Independent" Legal Advice? Independent Legal Advice is guidance provided by a solicitor who has no connection whatsoever to the lender (the bank or financial institution). Their duty is solely to you—the borrower or, very commonly, the guarantor. This independence is crucial. It ensures the advice you receive is unbiased, impartial, and focused exclusively on protecting your rights and ensuring you understand the full scope of your commitment. The solicitor isn't there to give financial advice on whether the loan is a "good deal," but to explain the legal nature and practical effect of the documents you are about to sign. Why is ILA So Important? Lenders often make ILA a mandatory condition before they will advance funds, especially when a third-party guarantor is involved. Here’s why this step is so critical: Translating the Jargon: Loan and mortgage documents are notoriously difficult to read. A solicitor will cut through the legal jargon and explain the key terms, such as interest rates, repayment schedules, fees, and penalty clauses, in plain English. Understanding Your Full Obligations: Do you know what happens if you miss a payment? Or if the primary borrower defaults on the loan you've guaranteed? ILA clarifies the full extent of your liabilities and the "worst-case scenarios," ensuring there are no surprises down the track. Preventing Undue Influence or Pressure: A key role of ILA, particularly for guarantors, is to ensure you are signing the documents of your own free will. The solicitor needs to be satisfied that you haven't been pressured or unduly influenced by the borrower or another party. This protects you and ensures the enforceability of the guarantee for the lender. Protecting Your Assets: The legal advice will clearly identify which of your assets are being used as security for the loan. For a guarantor, this often means your family home could be at risk if the borrower defaults. Understanding this risk is fundamental. What Does an ILA Session with a Solicitor Involve? The process is straightforward and designed to be as clear and helpful as possible. Document Review: First, you will provide your solicitor with the complete set of loan, mortgage, and/or guarantee documents received from the lender. The Private Meeting: You will meet with your solicitor. Critically, if you are a guarantor, the primary borrower will not be present at this meeting. This is to ensure you can speak freely and that the advice remains confidential and independent. Detailed Explanation: Your solicitor will walk you through the documents, explaining: The nature of the transaction and the amount being borrowed. The key obligations, risks, and responsibilities you are undertaking. The specific consequences of a default. The circumstances under which the guarantee can be called upon. Your Questions Answered: This is your dedicated time to ask any questions you have, no matter how simple they may seem. The goal is for you to leave the meeting with complete clarity and confidence in your understanding. The Solicitor's Certificate: Once the solicitor is satisfied that you fully comprehend the legal ramifications of the documents, they will sign a formal "Solicitor's Certificate" or "Certificate of Independent Legal Advice." This certificate is provided to the lender as proof that you have received the required advice. It confirms you understand the commitment you are making. Who Needs Independent Legal Advice? While beneficial for all borrowers, ILA is especially critical for: Guarantors: This is the most common scenario. Parents, family members, or friends guaranteeing a loan are placing their own assets on the line. ILA is vital to ensure they understand this significant risk. Joint Borrowers with Unequal Benefit: If you are buying a property with a partner but are contributing unequally or one partner is taking on a greater share of the debt. Spouses Providing Security for Business Loans: When a family home is used as security for one partner's business venture. Borrowers in Complex Structures: This includes loans involving companies, trusts, or a Self-Managed Super Fund (SMSF). A Small Investment for Significant Peace of Mind Signing a loan or guarantee document is one of the most significant financial decisions you will ever make. The cost of obtaining Independent Legal Advice is minor compared to the potential financial and emotional cost of not fully understanding your obligations. It’s a crucial investment in your long-term security and peace of mind. Before you put pen to paper, ensure you are making an informed decision. If you have been asked to sign loan documents or act as a guarantor, contact the experienced team at Hammond Nguyen Turnbull today. We are here to provide clear, independent, and practical legal advice to protect your interests.
Terminating an employee’s contract is one of the most challenging and legally sensitive actions a business owner or manager will ever have to take. While it’s a necessary part of managing a workforce, the decision to dismiss an employee cannot be taken lightly. In New South Wales, the process is governed by a strict legal framework designed to protect employees from unfair treatment. It’s not enough to simply have a reason for dismissal; you must also follow a fair and lawful process . Getting it wrong—even during a probationary period—can expose your business to costly legal claims, including unfair dismissal, general protections, or breach of contract. This guide will outline when you can lawfully terminate an employee in NSW and the critical steps you must follow to protect your business. A Special Case: Termination During a Probationary Period Many employers believe a probationary period gives them a "get out of jail free" card, allowing them to dismiss an employee for any reason without legal risk. This is a dangerous misconception. The maximum probation period under the Fair Work Act 2009 is: 12 months for a small business (fewer than 15 employees). 6 months for all other businesses. This period is known as the minimum employment period under the Act. An employee cannot file an unfair dismissal claim until they have completed this minimum employment period. While this provides a level of protection, it does not make an employer immune to other serious legal claims. The Hidden Risks of Probationary Terminations: Even if an employee can't claim unfair dismissal, they can still take legal action if you terminate them for a prohibited reason. The biggest risk is a general protections claim , where an employee alleges they were dismissed for: Exercising a workplace right (e.g., making a complaint about safety, asking about their pay or entitlements). A discriminatory reason (e.g., due to their race, sex, age, pregnancy, or disability). Being temporarily absent due to illness or injury. Furthermore, you must still abide by the employment contract, which includes providing the required notice period . Failing to do so can lead to a breach of contract claim. Best Practice: Think of probation not as a risk-free trial, but as a period for actively managing performance. If you do decide to terminate, ensure you have a valid, documented, performance-related reason and are not acting for a prohibited reason. 1. Termination with Notice (For Performance or Misconduct) This is the most common method of termination. It is used in situations involving consistent poor performance, or misconduct that is not severe enough to warrant instant dismissal. a) The Valid Reason The reason must be sound, defensible, and well-documented. Examples include: Poor Performance: The employee has consistently failed to meet the inherent requirements of their role, despite being given clear warnings and an opportunity to improve. Misconduct: The employee has breached their employment contract or a workplace policy (e.g., inappropriate use of company resources, breaches of safety rules). b) The Fair Process (Procedural Fairness) To terminate for poor performance or misconduct, you must demonstrate you have acted fairly. This involves: Issuing Warnings: For poor performance, you should have records of meetings, performance improvement plans (PIPs), and clear written warnings outlining the consequences of failing to improve. Conducting an Investigation: For misconduct, investigate the allegations thoroughly and impartially. Notifying the Employee: Inform the employee of the specific reasons for the potential termination in clear, unambiguous language. Providing a Chance to Respond: This is a critical step. You must give the employee a genuine opportunity to respond to the reasons and have their response considered before you make a final decision. Allowing a Support Person: You must permit the employee to have a support person present at any formal meetings discussing their potential dismissal. You must then provide the employee with the minimum period of written notice as required by the National Employment Standards (NES) or their contract, whichever is greater. You can also choose to pay them in lieu of this notice period. 2. Summary Dismissal (Instant Dismissal) Summary dismissal is termination without notice. This is reserved only for cases of serious misconduct , which is conduct so severe that it destroys the employment relationship. The Fair Work Regulations 2009 define serious misconduct to include actions like: Theft, fraud, or assault Being intoxicated at work Refusing to carry out a lawful and reasonable instruction that is central to the work A Word of Warning: Summary dismissal is a high-risk strategy. The burden of proof is on you, the employer, to show the misconduct occurred and was serious enough to justify instant dismissal. Even in these cases, it is highly advisable to conduct a swift investigation and give the employee a chance to explain themselves before acting. 3. Genuine Redundancy A redundancy occurs when you terminate an employee because their job is no longer required to be done by anyone. This is about the role , not the person or their performance. For a redundancy to be "genuine" under the Fair Work Act , three conditions must be met: The employer no longer requires the person’s job to be performed by anyone due to changes in operational requirements. The employer has complied with any consultation obligations in a relevant Modern Award or Enterprise Agreement. This usually involves discussing the proposed changes with affected employees. It was not reasonable in the circumstances to redeploy the employee to another role within your business or an associated entity. If these conditions are met, the employee will not be able to make an unfair dismissal claim. You must still provide notice and, in most cases, pay redundancy severance based on their years of service. The High Cost of Getting It Wrong Failing to follow a fair and lawful process can lead to significant legal claims: Unfair Dismissal: A claim that the dismissal was "harsh, unjust, or unreasonable." A flawed process is the most common reason for a successful claim. General Protections Claim: An allegation that you dismissed an employee for a prohibited reason, such as exercising a workplace right or on discriminatory grounds. These claims carry the risk of uncapped damages. Breach of Contract: If you fail to follow a process mandated by the employment contract. Final Thoughts Termination is a legal minefield where process is paramount. Always ensure you have a clear, documented reason and have followed the steps of procedural fairness. Taking the time to manage the process correctly is a small investment compared to the time and cost of defending a legal claim.