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New Child Abduction Offences In Australia

20 Nov 2018

International parental abduction of children from Australia will now attract a penalty of three years of imprisonment following recent amendments to the Australian Family Law Act.

Portable Long Service Leave

The Victorian Government has continued its review of employee Long Service Leave entitlements, with the passing of the Long Service Benefits Portability Act 2018. This new legislation will extend portable long service leave to employees working in the contract cleaning, community service and security industries.

What Makes You An Accessory “Involved” In A Contravention Of The Fair Work Act?

A recent case demonstrates the Fair Work Ombudsman’s commitment and willingness to protect vulnerable, exploited employees by holding not only businesses accountable for contraventions of the Fair Work Act 2009 but also external advisors who are involved in the contravention. If an advisor is found to be involved in a contravention of the Act, they will be found to have accessorial liability, and significant penalties can be imposed on them.

Severe Consequences For Knowingly Assisting In Breach Of Fiduciary Duty

The duties that arise out of a fiduciary relationship, such as those owed by a trustee to a beneficiary, are some of the most stringent the law imposes. The recent case of Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd [2018] demonstrates the serious repercussions for a third party who, while not a fiduciary themselves, knowingly assists a fiduciary in their dishonest and fraudulent conduct.

The case demonstrates that the Court is willing to order such a third party to account for their profits, including potential future profits for an unrestricted time frame.