For years, the line between casual and permanent employment in Australia has been a complex and often contentious issue. Recent legislative changes have redrawn this line, introducing a new "employee choice" framework that every employer must understand and implement. These changes are not just administrative tweaks; they fundamentally alter the rights and obligations of both employers and casual employees, particularly concerning an employee's ability to choose to become a permanent employee. The Old vs. The New: A Shift in Power Previously, the pathway from casual to permanent employment was primarily driven by the employer. A casual employee who had worked a regular pattern of hours for at least 12 months had to be offered the option to convert to permanent employment by their employer. Now, the power has shifted. The new laws, effective from late 2024/early 2025 , introduce a new definition of "casual employee" and empower the employee to initiate the conversion process. Key Change 1: The New Definition of a Casual Employee The first critical change is the new definition of a casual employee. A person is a casual employee only if: There is an absence of a firm advance commitment to continuing and indefinite work. The employee is entitled to a casual loading or a specific rate of pay for casuals. This definition focuses on the practical reality of the working relationship, rather than just the terms of the employment contract at the start. Key Change 2: Employee Choice - How Casuals Can Request to Become Permanent The most significant change is the introduction of "employee choice." Here’s how it works: Eligibility: A casual employee can request to become a permanent employee if they have been employed for at least six months (or 12 months for small business employers). Regular Pattern of Hours: The employee must have worked a regular pattern of hours for the last six months. The Request: The employee makes a written request to their employer. Employer's Obligation: The employer must grant the request unless there are "fair and reasonable operational grounds" to refuse it. What are "Fair and Reasonable Operational Grounds" to Refuse a Request? An employer isn't obligated to say yes automatically. Legitimate reasons for refusal include: The employee's position will not exist in the next 12 months. The employee's hours of work will be significantly reduced. There will be a significant change in the days or times of work that the employee cannot accommodate. Granting the request would not comply with a recruitment or selection process required by law. It's crucial to note that simply preferring a flexible workforce is not a valid reason for refusal. Employers must have solid business grounds to deny an employee's choice. What Your Business Needs to Do Now Review Your Workforce: Identify all employees currently engaged as casuals. Assess Employment Patterns: Determine which of your casual employees have worked a regular pattern of hours for six months or more. Update Your Contracts: Ensure your casual employment agreements are updated to reflect the new definition and the employee choice provisions. Provide Information: You must provide all new casual employees with the Casual Employment Information Statement (CEIS) before, or as soon as possible after, they start work. Prepare for Requests: Have a clear, fair, and documented process for receiving and responding to employee requests to convert to permanent employment. This includes understanding the valid grounds for refusal. The Bottom Line: Proactive Management is Key These changes are designed to provide greater security and certainty for long-term casual employees. For employers, they demand a more proactive and transparent approach to managing your workforce. Failing to comply with these new obligations can lead to disputes and penalties. It is essential to understand your responsibilities and ensure your practices are up-to-date.  If you are unsure about your obligations or need assistance navigating these new casual employment laws, contact us for expert legal advice.
As family lawyers, we often advise clients on the interplay between family law and estate planning. A common misconception is that a Will automatically overrides family law provisions in the event of a separation or divorce. However, this is not always the case, and failing to update your estate plan in light of family law changes can lead to unintended consequences and disputes among beneficiaries. A divorce, for instance, automatically revokes any provisions in a Will that benefit a former spouse, unless the Will expressly states otherwise. This means that if you haven't updated your Will after a divorce, your former spouse may still be entitled to inherit under the terms of your original Will. Similarly, separation doesn't automatically revoke such provisions, and your estranged spouse could still be a beneficiary. Moreover, family law proceedings can result in property settlements and court orders that may conflict with the terms of your Will. For example, a property settlement may award a specific asset to one party, while your Will may leave that same asset to someone else. In such cases, the family law orders will generally prevail, potentially overriding your testamentary intentions. We recommend that clients review and update their estate plans regularly, especially after significant life events such as marriage, divorce, or the birth of a child. This ensures that your Will accurately reflects your current wishes and avoids potential conflicts with family law provisions. By seeking legal advice and taking a proactive approach to estate planning, you can protect your assets, provide for your loved ones, and minimize the risk of disputes after your passing. Remember, a well-drafted Will that aligns with family law principles can provide peace of mind and ensure your legacy is distributed according to your wishes.  At Hammond Nguyen Turnbull, the family team and wills and estates team work closely together in order to achieve your results from both aspects.
Buying or selling a property is one of the biggest financial decisions you’ll ever make. Amid the excitement of finding your dream home or securing a great sale price, the various costs involved can be a source of anxiety. One of the most common questions we hear at Hammond Nguyen Turnbull is: "How much does conveyancing actually cost?" While it’s tempting to shop around for the cheapest quote, it's crucial to understand what you're paying for. A low number can often hide additional costs or, worse, reflect a lower standard of service that puts your transaction at risk. This guide breaks down the costs of conveyancing in New South Wales to give you clarity and confidence. What is Conveyancing? A Quick Refresher First, let's recap. Conveyancing is the legal process of transferring ownership of a property from one person to another. It’s a critical service managed by a solicitor or licensed conveyancer that ensures the sale is legally binding, all required checks are completed, and your rights are protected from contract signing through to settlement day. This essential legal work is what you are paying for. The Two Main Parts of Your Conveyancing Invoice To understand the total cost, you need to know that a conveyancing invoice is typically made up of two distinct parts: the professional fee and the disbursements. 1. Professional Fees (The 'Service' Cost) This is the amount your solicitor or conveyancer charges for their expertise, time, and the legal work required to complete your transaction. This fee covers crucial tasks such as: Reviewing and providing legal advice on the Contract for Sale. Negotiating contract terms and amendments to protect your interests. Liaising with your bank, the other party’s solicitor, and real estate agents. Conducting all necessary property searches and enquiries. Managing the electronic settlement process through platforms like PEXA. Ensuring the legal transfer of title is completed correctly. At Hammond Nguyen Turnbull, we generally operate on a fixed-fee basis for our professional fees. We have a mechanism where we charge an hourly fee, if the transaction is more complex than normal. We will raise this with you before any charges are going to be incurred. This means you know exactly what our service will cost from the very beginning, providing you with certainty and peace of mind. There are no surprise hourly bills. 2. Disbursements (The 'Out-of-Pocket' Costs) Disbursements are the third-party costs that your solicitor pays on your behalf to gather the information and certificates legally required for the property transfer. These costs are fixed by government bodies or third-party providers and are passed on to you at cost. The disbursements you need to pay will differ depending on whether you are buying or selling. Typical Disbursements for a BUYER Title Search: To confirm the seller owns the property and to check for any dealings on the title. Council Certificate (Section 10.7): Shows zoning information and whether the property is affected by any council notices. Land Tax Search: To confirm if there is any outstanding land tax owed on the property. Building & Pest Reports: While optional, these are highly recommended to uncover any structural issues or pest infestations. Strata Report (for apartments/townhouses): Essential for checking the financial health of the owners' corporation, by-laws, and any upcoming special levies. Rates Certificates: This confirms what the council, water and strata rates are for the period, what needs to be adjusted and paid for on settlement. PEXA Settlement Fee: A fee charged by the electronic settlement platform. Final Search & Registration Fees: Final checks before settlement and the fee to legally register you as the new owner on the title. Other property certificates: Certain properties may require further searches to check if it is being acquired, if there is a tree preservation order etc. Typical Disbursements for a SELLER A seller is legally required to provide a complete Contract for Sale, which must include several key documents. The disbursements cover the cost of obtaining these, including the Title Search, Deposited Plan, Council Certificate, and Water/Sewer Diagram. If you have a mortgage, a mortgage discharge registration fee will also apply. So, What's the Total Cost? As of mid-2025, for a standard residential property transaction in NSW, you can typically expect the total conveyancing cost to fall within the range of $2,000.00 to $4,000.00 (including GST) plus disbursements. Be wary of quotes that seem too good to be true. An unusually low fee may mean you are dealing with a high-volume, low-service firm where your file won’t get the attention it deserves, or you may find hidden costs added to your final bill. The final cost will always depend on the property and the complexity of the transaction. Also be aware that there is a significant cost difference between licensed conveyancers and solicitors. See our previou s blog post about the difference between the two. Why Fixed-Fee Conveyancing Provides Peace of Mind The property journey has enough uncertainty without worrying about escalating legal bills. Choosing a firm that offers a fixed professional fee ensures transparency. You can budget effectively, knowing that the fee for the legal service won't change, regardless of how many phone calls or emails are needed to get the job done right. At Hammond Nguyen Turnbull, we provide you with a comprehensive quote upfront that clearly separates our fixed professional fee from an estimate of the standard disbursements required for your property. Don't risk your biggest investment with "cheap" conveyancing. Invest in expertise and peace of mind.
