The High Court’s 2022 decision in CFMMEU v Personnel Contracting Pty Ltd significantly reshaped the framework for determining whether a worker is an employee or an independent contractor. The decision reinforced that simply describing a worker as an independent contractor, obtaining an ABN or requiring invoices does not necessarily determine the true legal nature of the relationship.
The Australian Government has introduced the Competition and Fair Work Legislation Amendment (Banning Unfair Non-Competes) Bill 2026, which proposes significant changes to restraint of trade provisions in employment contracts.
Two directors, Benjamin Aulich and Peter Woodhouse, unsuccessfully appealed a ruling that they had diluted Joanna Scott’s shareholdings through unjustified share issues and were personally liable to compensate her for the loss.
When a relationship breaks down, property settlement is not always just about the family home. For many people, the more difficult issues sit in trusts, companies, family businesses, investments and loans between related entities.
Worried about the kids blowing your life’s work?
Ahern Sierakowski specialize in all contract advice, all building and construction advice, dispute resolution and litigation matters. Our clients include building and construction companies, mining services companies, property developers, contractors, subcontractors, civil contractors and suppliers in a variety of building and construction disputes.
Family trusts can significantly impact asset division during family breakdowns, such as divorce or separation.
We have specialised in Magistrates Court cases for over 20 years. Further details can be read here.
Do you own a company that contracts with customers or enters into terms and conditions with customers? A recent Supreme Court of Appeal decision found that a party cannot contract out of liability for misleading or deceptive conduct under Australian Consumer Law.
A recent Supreme Court of WA judgment found a defendant was in contempt of court for ignoring orders in relation to a Family Provision Act 1972 (WA) (FPA) claim.
In the realm of relationships, the legal status of “de facto” often raises questions about financial rights and responsibilities.
At Ahern Sierakowski, we understand that divorce or separation is a challenging and emotional journey.
Whether you’re a sole proprietor, partner, or part of a closely held corporation, safeguarding your business interests during divorce proceedings requires careful planning and strategic considerations.
We are dedicated to achieving swift and peaceful resolutions through mediation whenever possible.
At Ahern Sierakowski, we specialize in family law matters, including the division of superannuation in de facto relationships.
Whether you’re navigating a divorce or separation, understanding what’s involved in custody disputes is essential for advocating for your child’s best interests.
Understanding how inheritance is treated under family law is crucial for individuals navigating divorce or separation.
Understanding factors involved and seeking legal advice can help navigate spousal maintenance effectively under Western Australian law.
Understanding the legal implications of a new relationship on financial matters is essential for anyone navigating divorce or separation.
Mum and Dad Lent Us Money – Is the Loan Repayable During Divorce?
A Binding Child Support Agreement can provide certainty and clarity regarding child support obligations, offering benefits for both parties involved.
At Ahern Sierakowski we can safeguard your interests and promote efficient resolution of family matters.
Could you as an Employee make a mistake at work and face personal liability for your actions?
A retention of title clause can be a very useful tool but the terms and conditions need to be drafted properly to be enforceable.
Are you Eligible to Apply?
These Statutes of Limitation and Case Law demonstrate the various applications of the principle to the different areas of the law.
Two requirements must be fulfilled to establish the existence of a valid and binding collateral contract.
SAT has been created by a range of legislation which gives it jurisdiction to deal with a variety of matters.
Where the relationship of principal and agent has been created by agreement, it is open to the parties to agree to terminate the relationship.
Due Diligence is the legal and commercial process of examination of a transaction, including the entities involved and the related documentation.
If you have defamed a person, you may be held liable for damages (money)
The recent Western Australian Supreme Court decision of Sayed v Hemat [2011] WASC 183 has provided some welcome clarity to the circumstances in which the Court will grant an Interim Freezing Order.
The standard REIWA Contract for Sale of Land includes an optional subject to finance clause.
More and more we are advising employers on suing former employees.
Sergey Aleynikov, a former Goldman Sachs programmer, was charged for computer theft crimes under New York state law
What is the Personal Property Securities Act and what does it do?
We have advised on and prepared sub-contracts in Perth and Western Australia for 30 years for clients in construction, mining and all other commercial areas.
“We have 30 years experience in pricing legal work for both sophisticated clients (financial institutions and large companies) and for smaller businesses and individuals. We work on a fixed fee for all of our contract work. For litigation we have various pricing methods including a fixed price.”
We can assist you in protecting your intellectual property, taking action against a party who has infringed your intellectual property or defending a claim against you for intellectual property infringement.
We assist new business owners and entrepreneurs start up, manage and grow businesses, including online businesses.
A caveat can prevent buying, selling, registering a mortgage and other dealings.
Your employees’ employment contracts need to have strict clauses in them so that they are not tempted to steal company funds or intellectual property and set up in competition to you or take them to a competitor.
The quicker we act for our clients by sending letters of demand to debtors on our letterhead, the quicker our clients get paid.
Employment restraints are vital for employers in order to protect their goodwill and client base developed in their business over numerous years.
The recent case of Habitat1 Pty Ltd v Formby [No 2] [2017] WASC 331, has provided great insight into how the law operates in relation to restraint of trade clauses.
Too many people set up new businesses without carefully considering the best business structure that can be tax effective and protect assets.
Post office wills are notorious amongst estate practitioners for being rife with issues.
No matter what the terms of your written contracts there will always be warranties about the quality of your work.
