Oliver Gilmour recognised as a finalist for the...

Committed to investing in the growth of our people, Hicksons Lawyers is proud to share that Associate Oliver Gilmourhas been recognised as a finalist for the Lawyers Weekly 30 Under 30 Awards for 2025 in the Employment and Workplace Relations, Health and Safety category.

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The Aged Care Act: A New Age for Older Australians

The Aged Care Bill 2024 (Cth) passed Parliament on 25 November 2024 with bipartisan support. The Act, to come into force on 1 July 2025, forms the centrepiece of the government’s response to the 148 recommendations contained in the Royal Commission into Aged Care Safety and Quality’s Final Report.  

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Media & Podcasts

Capital Brief: Disconnect Discord

The Right to Disconnect law came into effect in August inevitably brought questions to the legal industry, particularly the implications on law firms.

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Terminating Commercial Contracts – A Quick Refresher

Terminating Commercial Contracts – A Quick Refresher

Done properly, the act of terminating a commercial contract can be an efficient self-help remedy. It can allow a business to change course, stem losses and move on.    Done improperly or without justification, the act of terminating (or purporting to terminate) a commercial contract can make a problem worse. Potentially much worse.     
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Employee or Contractor? What the law says about Sham Contracts

Employee or Contractor? What the law says about Sham Contracts

What are the new changes, and how can my business defend itself against sham contracting claims?   Employment relationships can be complex, and understanding how to manage them is often key. Most would think that the law was clear on who is considered an employee, and who is a contractor? In this case, you would be wrong.    
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Employing Workers On Fixed Term Contracts – The Rules Have Changed

Employing Workers On Fixed Term Contracts – The Rules Have Changed

In the whirlwind of 2023 employment law reform, the unfettered power for employers to engage employees on indefinite rolling fixed term contracts was kicked to the curb from 6 December 2023 (although some industries may still have until 1 July 2024 before these rules apply to them).   A fixed term contract is an employment contract that terminates at the end of an identifiable period, for example, on a specified date or when a specific project is completed. Many businesses use these to engage workers for a two-year period, followed by a second, third, or forth two-year period (for example).  
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BEWARE: Broader application and increased penalties, do your contracts comply? – Amendments to the Unfair Contracts Terms Regime

BEWARE: Broader application and increased penalties, do your contracts comply? – Amendments to the Unfair Contracts Terms Regime

There is now less than 5 months until the amendments to the Unfair Contracts Terms (UCT) regime under the Australian Consumer Law (ACL) come into force. On 9 November 2023, the new UCT regime will apply to a significantly broader range of contracts than ever before. Businesses should beware, even if the current regime does not apply, the new UCT may apply. Australian businesses should review and update their standard form contracts to ensure they comply with the new UCT regime to avoid the new significant penalties which can include a substantial pecuniary (monetary) penalty.
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What are the implications of paying your employees above the award rate?

What are the implications of paying your employees above the award rate?

There are 122 modern awards which apply across Australian workplaces. While deliberate ignorance or wilful neglect of award obligations is unlawful and unacceptable, employers can struggle to have a detailed understanding of every aspect of their obligations to their employees under the relevant awards.
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Unfair Contract Terms

Unfair Contract Terms

From 12 November 2016, the Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015 will extend existing protection from unfair terms under the Competition and Consumer Act 2010 and the Australian Securities Investment Commission Act 2001 to small businesses that enter into (or renew, or vary) small business contracts that are standard form contracts.

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