Property disputes can arise for many reasons, whether between neighbours, co-owners, landlords and tenants or even family members. In Australia, such disputes can quickly escalate without the right legal support, leading to financial loss and long-term stress. So, what are the most common property disputes in Australia, and how can you resolve them?

Common property disputes involve boundaries, ownership, leases, strata issues, easements and contract breaches, often governed by complex state laws. Seeking legal advice early can help resolve these matters faster and more affordably.

This guide explores the key types of property-related conflicts and outlines how legal advice can help you protect your rights and reach a resolution.

A Quick Overview: Common Property Disputes in Australia

Some of the most frequent property disputes include:

• Boundary and fencing disagreements
• Ownership and co-ownership disputes
• Commercial and residential lease disputes
• Strata title issues
• Easement and access rights conflicts
• Breaches of sale or purchase contracts

Many of these disputes are governed by state-based legislation and can involve complex legal questions. Early legal intervention often leads to quicker and more cost-effective solutions.

Boundary Disputes

Boundary disagreements are among the most common property issues faced by neighbours in Australia.

Typical Causes Include:

• Disagreements over where the property line lies
• Fencing placement or construction without agreement
• Overhanging trees or encroachments

Legal Resolution:

• Property surveys and title searches
• Action under the relevant state’s Fences Act
• Mediation or legal action to clarify boundaries

Professional legal support ensures that any boundary determination or fencing agreement complies with local laws.

Co-Ownership Disputes

Disputes often arise between joint property owners who no longer agree on how the property should be used or managed.

Common Scenarios:

• One co-owner wants to sell, the other doesn’t
• Disagreements over maintenance costs or rental income
• Relationship breakdowns (e.g. family or defacto partners)

Resolution Options:

• Negotiated property sale or buyout agreement
• Court orders under the Property Law Act for forced sale or division
• Co-ownership agreements to clarify rights upfront

Legal advice helps co-owners navigate emotionally and financially complex situations fairly.

Lease Disputes (Residential and Commercial)

Tenants and landlords, both residential and commercial, regularly face disputes related to lease agreements.

Residential Lease Issues:

• Rental arrears or unpaid bond
• Repairs and maintenance disputes
• Claims of unlawful eviction

Commercial Lease Issues:

• Breach of lease terms (rent, fit-out, use of premises)
• Disputes over lease termination or renewal
• Responsibility for outgoings and repairs

Tenancy tribunals or commercial lease litigation may be required where informal negotiations fail. A property lawyer can help interpret lease terms and enforce rights.

Strata Title Disputes

In multi-unit properties, disputes often occur between lot owners and the owners corporation.

Examples of Strata Disputes:

• Disagreements over special levies or maintenance fees
• Noise complaints and breaches of strata rules
• Alterations to common property without approval

Strata disputes are subject to each state’s strata legislation (e.g. Owners Corporations Act in Victoria). Legal advice ensures compliance with relevant regulations.

Easement and Access Disputes

An easement grants a person or entity the right to use part of another person’s land for a specific purpose, such as access to a driveway or utility line.

Common Disputes Involve:

• Unregistered or unclear easement rights
• Blocking or altering an existing easement
• Disagreements over the scope of access

Resolving these disputes often requires interpretation of title deeds and may involve court proceedings if parties cannot reach an agreement.

Breach of Sale or Purchase Contracts

Disputes can also arise during property sales or purchases, especially when one party fails to meet their obligations.

Examples Include:

• Buyer failing to settle on time
• Seller withholding material facts or misrepresenting the property
• Disputes over inclusions, settlement adjustments or building defects

Legal remedies may involve compensation, termination of the contract or court-enforced compliance.

Adverse Possession Claims

Adverse possession allows someone to claim ownership of land they have occupied without permission for a specific period.

Key Requirements Vary by State but Generally Include:

• Continuous and exclusive possession
• Without the true owner’s consent
• For a prescribed number of years (e.g. 15 years in Victoria)

These claims are complex and must be handled carefully to protect property rights.

How Property Disputes Are Resolved

There are several options for resolving property disputes depending on the nature and severity of the issue.

1. Informal Negotiation

The first step is often direct communication between the parties involved. With legal advice, you can propose a fair and enforceable solution early.

2. Mediation or Alternative Dispute Resolution (ADR)

ADR is cost-effective and often quicker than court action. It’s commonly used in neighbour and strata disputes.

3. Tribunal Hearings

Residential tenancy matters and strata disputes may be heard in state-based civil and administrative tribunals (e.g. VCAT in Victoria, NCAT in NSW).

4. Court Litigation

More serious or complex property disputes may require legal action in state courts. A property lawyer can help assess your case and prepare the necessary documentation.

Why Legal Advice Is Essential in Property Disputes

Property law is complex, and disputes often involve significant emotional and financial stakes.

A Property Lawyer Can Help You:

• Assess your legal rights and obligations
• Draft or review property agreements
• Negotiate settlements
• Represent you in tribunals or court

Early legal intervention reduces the risk of escalation and ensures you get a fair outcome.

Final Thoughts

Property disputes in Australia are varied and can arise from co-ownership issues, lease breaches, boundaries, easements or strata rules. Each type of dispute carries its own risks, but with proper legal guidance, most can be resolved efficiently and fairly.

Whether you’re dealing with a stubborn neighbour, a difficult tenant or a complex ownership dispute, getting legal advice early can save time, money and stress.

Need Help Resolving a Property Dispute?

At Rotstein Commercial Lawyers, we specialise in resolving property disputes across Australia. From neighbour conflicts and co-ownership disagreements to commercial lease issues, we offer strategic legal support tailored to your situation.

Call us on +61 3 9604 7888 or visit our Contact Us page to book a confidential consultation today. Let us help you protect your property rights and find a practical path forward.

Buying or selling property is a major financial decision. Among the many steps involved, conveyancing plays a vital legal role, but many people ask: do I need a lawyer for conveyancing in Australia?

While you can choose between a licensed conveyancer or a property lawyer, hiring a lawyer offers added legal protection, especially for complex transactions. In this guide, we break down when and why legal representation can make all the difference in your property dealings.

A Quick Overview: Do I Need a Lawyer for Conveyancing in Australia?

You are not legally required to use a lawyer for conveyancing, but doing so can:

• Provide legal advice beyond document processing
• Help resolve disputes and contract issues
• Offer protection in complex or high-risk transactions
• Ensure full compliance with state-specific property laws

Conveyancers can manage standard transactions, but only lawyers can offer legal advice and represent you in court if needed.

What Is Conveyancing and Who Can Do It?

Conveyancing is the legal and administrative process of transferring property ownership from one person to another. This involves:

• Drafting and reviewing contracts
• Conducting property and title searches
• Managing settlement
• Ensuring compliance with legal requirements

Who Can Perform Conveyancing in Australia?

Conveyancing in Australia can be carried out by different professionals, each with varying qualifications and scope of service.

• Licensed Conveyancers: Specialise in property transactions. Regulated by state authorities, they handle routine conveyancing but cannot provide broad legal advice.
• Property Lawyers: Fully qualified solicitors who can conduct conveyancing and advise on related legal matters, disputes or contract interpretation.

While both professionals can handle standard processes, lawyers provide broader legal expertise and support.

Differences Between Conveyancers and Property Lawyers

Both conveyancers and property lawyers can handle property transfers in Australia. However, only a property lawyer is qualified to provide legal advice, represent you in court and manage complex legal matters related to your transaction. 

While conveyancers typically offer lower-cost services, their scope is limited to routine conveyancing tasks. On the other hand, property lawyers may charge slightly more, but they provide a more comprehensive service, especially valuable when legal complications or high-stakes decisions are involved. When legal issues arise, only a lawyer has the qualifications to offer full legal support and protection.

Key Benefits of Hiring a Lawyer for Conveyancing

Engaging a lawyer for conveyancing offers multiple advantages:

1. Legal Expertise Beyond Paperwork

Lawyers are qualified to advise you on:

• Contract risks and legal implications
• Unusual clauses or unfair conditions
• Statutory rights and protections

This depth of advice is especially useful for off-the-plan purchases, commercial transactions or property with zoning, easement or planning complications.

2. Support During Disputes or Delays

If issues arise, such as breach of contract, finance failure or late settlement, a lawyer can:

• Negotiate solutions with the other party
• Represent you in court or mediation
• Enforce your rights under the law

Conveyancers cannot represent clients in legal proceedings.

3. Tailored Advice for Complex Transactions

Some transactions involve legal complexities that go beyond standard conveyancing:

• Buying deceased estate property
• Purchasing via SMSF or trust
• Involving foreign purchasers or overseas ownership
• Off-the-plan or strata title matters

A lawyer ensures all legal angles are covered in these higher-risk situations.

4. Integrated Legal Services

Property transactions may overlap with other legal needs. Lawyers can assist with:

• Property disputes or litigation
• Wills and estate planning (for inherited property)
• Family law issues involving joint property ownership

Having one point of contact simplifies matters and provides peace of mind.

When You May Not Need a Lawyer

In some cases, a licensed conveyancer may be sufficient:

• Straightforward residential property purchases or sales
• Transactions without special conditions or risks

However, even in simpler cases, buyers and sellers often prefer a lawyer for additional assurance and legal protection.

Common Legal Issues in Conveyancing

Legal complications can arise even in transactions that appear simple at first. Typical legal issues include:

• Disputes over contract conditions
• Delayed or failed settlement
• Discrepancies in title searches
• Undisclosed easements or zoning issues
• Building or planning non-compliance

Having a lawyer involved means you’re protected and prepared to respond to legal obstacles.

How Much Does It Cost to Use a Lawyer for Conveyancing?

The cost of using a lawyer for conveyancing varies depending on the transaction’s complexity and location. For residential properties, typical fees range from $1,200 to $2,500, while commercial, off-the-plan, or more complex cases tend to attract higher costs. Although lawyers may charge more than a basic conveyancer, the added legal insight and risk protection often outweigh the difference in price.

Questions to Ask Before Choosing a Conveyancing Professional

Before engaging a professional, consider asking:

• Are you a qualified lawyer or licensed conveyancer?
• What experience do you have with properties like mine?
• What happens if there’s a legal dispute or delay?
• Do you provide fixed-fee pricing?

These questions can help you assess the value and scope of services offered.

Final Thoughts

So, do you need a lawyer for conveyancing in Australia? Legally, no, but practically, having one can be the smartest decision you make in your property transaction. From identifying risks and negotiating contract terms to handling disputes and legal complexities, a lawyer ensures you’re protected from start to finish.

Whether your transaction is straightforward or complex, expert legal support helps you proceed with confidence.

Need a Lawyer for Conveyancing in Australia?

At Rotstein Commercial Lawyers, we offer end-to-end conveyancing services backed by comprehensive legal knowledge. Whether you’re buying, selling or navigating a tricky property matter, our team is here to protect your interests and simplify the process.

At Rotstein Commercial Lawyers, we bring:

• Deep experience in property law
• Clear advice tailored to your situation
• Transparent fees with no hidden costs
• The ability to resolve disputes, not just process documents

Call us on +61 3 9604 7888 or visit our Contact Us page to schedule your consultation. Let us handle the legal side, so you can focus on what matters most.

Buying or selling property is one of the most significant transactions many people will make in their lifetime. To ensure everything runs smoothly and legally, conveyancing plays a central role. But how does conveyancing work in Australia?

Conveyancing is the legal and administrative process of transferring property ownership, involving steps like contract preparation, property searches, managing funds and meeting disclosure obligations. A licensed conveyancer or property lawyer oversees the process to ensure legal compliance and protect your interests.

Whether you’re a buyer or seller, understanding how conveyancing works can help you avoid delays, disputes and costly mistakes. Read on to learn what each stage involves and how to make your property transaction smooth and stress-free.

A Quick Overview: How Conveyancing Works in Australia

Conveyancing involves several legal and administrative steps to finalise a property transfer. Key stages include:

• Preparing and reviewing contracts
• Conducting property searches
• Handling deposits and settlement funds
• Managing legal obligations and disclosures
• Lodging documents with land authorities

A qualified conveyancer or property lawyer ensures all legal requirements are met, protecting your rights throughout the process.

Step 1: Pre-Contract Preparation

Before a property is listed or an offer is made, the seller’s legal representative (often a conveyancer or lawyer) will prepare the contract of sale.

For Sellers:

• Ensure legal title to the property
• Disclose relevant information (zoning, easements, restrictions)
• Include required documents (Vendor Statement or Section 32 in Victoria)

For Buyers:

• Start reviewing the contract and Section 32
• Arrange pre-approval for finance
• Engage a conveyancer or lawyer to advise before signing

Early legal review can reveal hidden issues or negotiate favourable contract terms.

Step 2: Signing the Contract of Sale

Once both parties agree on the price and terms, the contract is signed and exchanged. This is a legally binding step.

Key Legal Considerations:

• Cooling-off periods apply in most states (except at auction)
• Special conditions (subject to finance, building inspections) may be added
• The buyer usually pays a deposit (typically 10%)

Once contracts are exchanged, both parties are committed to the sale, subject to any conditions being met.

Step 3: Conducting Property Searches

The buyer’s legal representative will then conduct various searches to identify any issues with the property.

Common Searches Include:

• Title search (confirming legal ownership)
• Council and water rates
• Zoning certificates
• Land tax and strata records (if applicable)

These searches ensure there are no legal, planning or financial surprises before settlement.

Step 4: Satisfying Contract Conditions

If the contract includes conditions (e.g. finance approval or pest/building inspections), they must be satisfied within the specified timeframe.

For Buyers:

• Secure formal loan approval
• Arrange pest and building inspections
• Notify the seller if withdrawing based on these conditions

Failing to meet these conditions on time can result in loss of deposit or legal penalties.

Step 5: Preparing for Settlement

Once conditions are met, both parties prepare for settlement, the day legal ownership officially changes.

The Buyer’s Conveyancer Will:

• Confirm final figures (adjustments for council rates, water usage, etc.)
• Prepare settlement statements
• Coordinate with the bank (if applicable) for funds transfer
• Book a settlement date and time

The Seller’s Conveyancer Will:

• Arrange discharge of mortgage (if applicable)
• Provide keys and necessary documents to the buyer
• Confirm receipt of payment

Step 6: Property Settlement Day

On settlement day, legal ownership is transferred and funds are exchanged.

What Happens:

• The buyer pays the remaining balance
• Documents are lodged electronically 
• The buyer becomes the legal owner
• The seller receives funds and hands over keys

Most settlements in Australia now occur digitally, which improves efficiency and security.

Step 7: Post-Settlement Tasks

After settlement, there are still a few tasks to finalise.

For Buyers:

• Update property ownership with local council and utilities
• Collect the keys from the agent or seller
• Move into the property

For Sellers:

• Cancel any insurances, services and utility accounts
• Notify relevant parties of address change

Your legal representative will handle most of these post-settlement tasks.

Why Legal Support Matters in Conveyancing

Conveyancing may sound procedural, but property transactions often involve legal risks. From contract review to settlement, expert legal advice can help you:

• Avoid hidden liabilities
• Understand your rights and responsibilities
• Handle delays, disputes or finance issues
• Ensure contracts comply with state-specific laws

A property lawyer offers comprehensive support and peace of mind that everything is legally sound.

How Long Does Conveyancing Take in Australia?

The typical conveyancing process takes 4 to 6 weeks from contract exchange to settlement. However, timelines can vary depending on:

• Finance approval delays
• Strata or building inspection issues
• Disputes between parties

Having a lawyer manage the timeline and communications keeps things on track and reduces stress.

Costs Involved in Conveyancing

Costs vary depending on the state and complexity of the transaction.

Typical conveyancing costs include:

• Professional legal or conveyancer fees ($800–$2,500)
• Government fees (stamp duty, registration fees)
• Search and disbursement fees

Getting a cost estimate upfront from your legal team avoids surprises.

Final Thoughts

So, how does conveyancing work in Australia? It involves more than just signing paperwork. From contract preparation and legal searches to managing settlement and registration, conveyancing ensures that your property transaction is legally compliant and risk-free.

Whether you’re buying your first home or selling an investment property, legal guidance helps protect your rights, finances and peace of mind every step of the way.

Need Help with Conveyancing?

At Rotstein Commercial Lawyers, we offer expert legal support for property buyers and sellers across Australia. From residential sales and commercial purchases to complex title issues, our experienced team can handle the conveyancing process from start to finish.

Ensure your property transaction is smooth and secure. Call us on +61 3 9604 7888 or visit our Contact Us page to schedule a consultation today.

Think workplace harassment only happens when someone shouts or touches inappropriately? Think again. Harassment can be subtle, systemic and psychological, like constant nitpicking, exclusion or intimidation.

In this article, we explore the full legal definition of what counts as workplace harassment in Australia, real-life examples and your rights if you’ve been targeted. If your workplace feels unsafe, toxic or threatening, this guide is for you.

A Quick Overview: What Counts as Workplace Harassment in Australia?

Workplace harassment in Australia refers to repeated, unwelcome behaviour that offends, humiliates or intimidates a person. Key points include:

• Harassment can be verbal, physical, psychological or written
• It must be unreasonable behaviour that causes harm
• One-off incidents may still be serious, especially if they involve threats or abuse
• Employers have a legal duty to prevent harassment
• Victims can seek legal remedies under employment and anti-discrimination law

Let’s examine what this means in practice.

Legal Definition of Workplace Harassment

In Australia, workplace harassment is addressed under laws, such as:

• Fair Work Act 2009 (Cth)
• Work Health and Safety (WHS) Acts
• State-based Anti-Discrimination Acts

Under these frameworks, workplace harassment generally involves:

• Repeated, unreasonable behaviour that creates a risk to health and safety.
• Unreasonable behaviour includes acts that a reasonable person would see as victimising, humiliating, intimidating or threatening.

Common Types of Workplace Harassment

Harassment in the workplace can take many forms. Understanding the categories can help you identify if you’re experiencing it.

1. Verbal Harassment

• Offensive jokes or slurs
• Insults or put-downs
• Aggressive or abusive language
• Spreading rumours

2. Psychological Harassment

• Repeated exclusion from meetings or activities
• Micromanaging or excessive monitoring
• Unreasonable work demands or deadlines
• Undermining someone’s performance or reputation

3. Physical Harassment

• Unwanted physical contact
• Threats of violence
• Damage to personal property
• Invasion of personal space

4. Sexual Harassment

Covered separately under law but still relevant in workplace harassment cases. Includes:

• Unwelcome sexual advances
• Sexually suggestive comments or jokes
• Requests for sexual favours
• Display of explicit content

5. Online or Cyber Harassment

• Abusive emails, messages or social media posts
• Doxxing or sharing personal information
• Offensive memes or digital content targeting a colleague

Examples of Workplace Harassment

Workplace harassment can take many forms, often subtle or disguised as workplace culture. Here are some behaviours that may constitute harassment:

• A manager repeatedly humiliates an employee during team meetings
• A group of employees isolates a colleague from social activities
• A co-worker sends persistent, unwanted messages outside work hours
• An employee is shouted at or publicly criticised in front of clients
• A new staff member is given unrealistic workloads designed to make them fail

These behaviours create a hostile environment and can damage a person’s career and wellbeing.

What Doesn’t Count as Workplace Harassment?

Not every workplace conflict qualifies as harassment. Examples that may not amount to harassment include:

• Reasonable performance management or disciplinary action
• Constructive feedback delivered professionally
• Personality clashes without ongoing unreasonable behaviour
• Isolated incidents (unless they are particularly serious)

It’s important to assess the pattern, severity and impact of the behaviour to determine if it meets the threshold.

Employer Responsibilities and Legal Obligations

Under Australian law, employers must provide a safe working environment. This includes:

• Implementing anti-harassment policies
• Offering training on workplace behaviour
• Taking all complaints seriously
• Investigating reported incidents promptly
• Taking corrective action when necessary

Employers who fail to act can be held vicariously liable for harassment committed by their staff.

What Should You Do If You’re Being Harassed at Work?

If you believe you are experiencing workplace harassment, here are the steps you can take:

1. Keep Records

• Document incidents, dates, times, locations and any witnesses
• Save emails, texts or messages that show inappropriate behaviour

2. Report Internally

• Raise the issue with your manager, HR department or designated workplace contact
• Submit a formal written complaint if verbal reporting is ineffective

3. Seek External Support

If internal resolution fails or the harassment is severe:

• Lodge a complaint with the Fair Work Commission, AHRC or your state anti-discrimination body
• Contact a workplace lawyer for advice on your legal rights and remedies

How the Law Can Protect You After Workplace Harassment

If you’ve experienced workplace harassment, Australian law offers several protections and potential remedies. Depending on the specifics of your case, you may be eligible for:

• Compensation: For financial loss, emotional distress, or damage to your career.
• Formal apologies or corrective actions: Your employer may be required to take steps to address the harm caused.
• Injunctions: To stop ongoing or future harassment.
• Reinstatement: If you were unfairly dismissed for speaking up or making a complaint.

Legal outcomes vary based on the severity of the conduct and the strength of the evidence provided. Seeking early legal advice can help you understand your options and pursue a fair resolution.

Why You Should Get Legal Advice

Workplace harassment cases can be complex and emotionally taxing. A lawyer can:

• Assess whether your experience qualifies as harassment under the law
• Help you document your case properly
• Liaise with your employer or relevant authorities on your behalf
• Represent you in tribunals or negotiations

Legal support gives you a clearer path toward justice and closure.

Final Thoughts

Knowing what counts as workplace harassment in Australia is the first step to protecting yourself and others in the workplace. Whether you’re facing subtle bullying or overt abuse, knowing your rights empowers you to take appropriate action.

Employers have a duty to act. Employees have the right to feel safe and respected. Don’t stay silent. Speak up and seek support.

Need Legal Help with Workplace Harassment?

At Rotstein Commercial Lawyers, we specialise in workplace harassment matters and employment law. If you’re facing harassment or have questions about your rights, our experienced legal team is here to guide you through your options with sensitivity and care.

Take the first step towards a safer workplace. Call us today on +61 3 9604 7888 or visit our Contact Us page to book a confidential consultation. You don’t have to go through this alone.

Getting fired unfairly is bad enough, but missing the window to fight it makes things worse. So, what are the steps to file an unfair dismissal claim in Australia?

In Australia, you only have 21 days to lodge an unfair dismissal claim with the Fair Work Commission. This article breaks down the process step by step from figuring out if you’re eligible, to preparing your application, to what happens after you file. If your termination doesn’t feel right, now’s the time to act.

A Quick Overview: Filing an Unfair Dismissal Claim

To file an unfair dismissal claim, you must:

• Confirm your eligibility under the Fair Work Act
• Lodge your application within 21 days of dismissal
• Submit Form F2 with supporting documents
• Participate in conciliation or a hearing
• Seek legal support for stronger outcomes

Each step has its own procedures and requirements, so let’s take a closer look at what you need to do.

Step 1: Confirm You Are Eligible

Before filing a claim, ensure that your circumstances meet the criteria for unfair dismissal under the Fair Work Act 2009 (Cth).

You must:

• Be an employee covered by the national workplace relations system
• Have completed the minimum employment period:
  • 6 months if your employer has 15+ employees
  • 12 months if your employer has fewer than 15 employees

• Lodge your claim within 21 days of dismissal (strict deadline)
• Earn below the high-income threshold, unless covered by an award or enterprise agreement

Casual employees can apply if they have worked regularly and systematically and had a reasonable expectation of ongoing work.

Step 2: Gather Key Information and Documents

To support your claim, collect all relevant information and documentation related to your employment and dismissal. This may include:

• Your employment contract or letter of offer
• Payslips and rosters
• Performance reviews or disciplinary records
• Correspondence related to your dismissal (emails, messages, letters)
• Witness statements (if available)

Clear records can help prove whether the dismissal was harsh, unjust or unreasonable.

Step 3: Complete Form F2 – Unfair Dismissal Application

This is the formal application form you must submit to the Fair Work Commission.

The form will ask for:

• Your personal and employment details
• Date and reason for dismissal
• Grounds for claiming the dismissal was unfair
• The remedy you are seeking (e.g. reinstatement or compensation)

Make sure your responses are accurate and detailed. Attach any supporting documents and a written statement of your case.

Step 4: Lodge Your Application with the Fair Work Commission

You can submit Form F2:

• Online via the Fair Work Commission’s website
• By post or in person at your nearest Commission office

There is a filing fee (subject to adjustment each year). If you are facing financial hardship, you can apply for a fee waiver.

Remember: You must lodge the application within 21 calendar days of your dismissal. Late submissions are rarely accepted unless exceptional circumstances apply.

Step 5: Participate in Conciliation

Once your claim is accepted, the Commission will contact both you and your employer to arrange a conciliation conference.

Conciliation is an informal process where a Fair Work conciliator helps both parties reach a mutual agreement. This may result in:

• Reinstatement of your job
• A financial settlement
• A mutual agreement to part ways

Most unfair dismissal cases are resolved at this stage without going to a formal hearing.

Step 6: Attend a Formal Hearing (If Conciliation Fails)

If conciliation doesn’t result in a resolution, your matter will proceed to a formal hearing before the Fair Work Commission.

At the hearing:

• Both parties present evidence and arguments
• Witnesses may be called
• The Commission makes a legally binding decision

Possible outcomes include reinstatement, compensation (capped at 26 weeks’ pay) or a dismissal of the claim.

What Can You Achieve from a Successful Claim?

If the Fair Work Commission finds your dismissal was unfair, you may be entitled to:

• Reinstatement to your previous position
• Compensation for lost income (up to 26 weeks)
• Payment of entitlements like unpaid wages or superannuation

It’s important to note that emotional distress or punitive damages are not available under unfair dismissal laws.

Common Pitfalls to Avoid

Filing an unfair dismissal claim can be a complex process. Avoid these common mistakes:

• Missing the 21-day deadline
• Providing incomplete documentation
• Failing to respond to Commission correspondence
• Not seeking legal advice early in the process

Legal professionals can help you avoid missteps that could weaken or invalidate your claim.

Should You Hire a Lawyer?

While you can file a claim on your own, working with an employment lawyer significantly improves your chances of success. A lawyer can:

• Review your case and eligibility
• Help prepare your application and documents
• Represent you during conciliation or hearings
• Negotiate favourable settlements on your behalf

Professional guidance ensures your rights are protected throughout the process.

Final Thoughts

Filing an unfair dismissal claim in Australia involves multiple steps, from confirming eligibility to lodging your application and attending conciliation or hearings. Acting quickly and preparing thoroughly can make all the difference.

If you’ve been dismissed and believe it was unjust, don’t hesitate to assert your rights. Take action within the legal timeframe and seek expert advice to guide your claim to a fair outcome.

Need Help Filing an Unfair Dismissal Claim?

At Rotstein Commercial Lawyers, our employment law experts can help you navigate every step of the unfair dismissal claim process. From assessing your eligibility to lodging your application and representing you at the Commission, we ensure your rights are protected and your case is presented with clarity and strength.

Call us on +61 3 9604 7888 or visit our Contact Us page to book a confidential consultation. Take the first step toward justice today.

Fired for no reason? Let go after raising a workplace issue? If your dismissal feels off, it might be more than just unfair; it could be unlawful. Every year, thousands of Australians challenge their termination under unfair dismissal laws and many succeed in getting compensation or reinstatement. But what is unfair dismissal in Australia?

Unfair dismissal in Australia refers to being sacked in a harsh, unjust or unreasonable manner, often without valid reason or due process. But who’s protected? How do you know if your case qualifies? And what can you do about it?

In this guide, we break down what unfair dismissal really means, how the Fair Work Commission handles claims, who’s eligible to apply and why legal advice can make or break your case.t.

A Quick Overview: What Is Unfair Dismissal in Australia?

Unfair dismissal occurs when an employee is terminated in a manner that is harsh, unjust or unreasonable. Key takeaways include:

• Not all dismissals are unlawful, but they can still be unfair.
• The Fair Work Act 2009 (Cth) governs unfair dismissal claims.
• Employees must meet minimum employment criteria to be eligible to file a claim.
• Lodgement must generally occur within 21 days of dismissal.
• Legal advice can significantly improve your chances of a successful claim.

Let’s explore these points in detail.

What Constitutes Unfair Dismissal?

Under the Fair Work Act 2009, a dismissal may be deemed unfair if:

• The dismissal was harsh, unjust or unreasonable
• It was not a genuine redundancy
• It did not follow the Small Business Fair Dismissal Code (for small employers)

The Fair Work Commission assesses these factors based on the circumstances of each case.

Common Examples of Unfair Dismissal

Unfair dismissal may arise from situations, such as:

• Being dismissed without a valid reason or proper explanation
• Termination due to performance without prior warnings or opportunities to improve
• Being let go after raising a workplace issue or complaint
• Dismissal during a protected leave (e.g. parental leave, sick leave)
• Discrimination based on gender, race, religion, disability or other protected attributes

It’s important to distinguish unfair dismissal from unlawful termination, which involves breaches of anti-discrimination laws or industrial action protections.

Who Can Make an Unfair Dismissal Claim?

Not all employees are eligible to file a claim for unfair dismissal. To qualify, you must:

• Be covered by the national workplace relations system
• Have completed the minimum employment period:
  • 6 months for larger employers (15+ employees)
  • 12 months for small businesses (<15 employees)
• Earn under the high-income threshold (currently $175,000), unless covered by an award or enterprise agreement
• Be an employee, not an independent contractor

Casual employees may also be eligible if they have worked on a regular and systematic basis.

Time Limits and Lodgement Process

You must apply to the Fair Work Commission within 21 days of being dismissed. This timeframe is strict, and late applications are rarely accepted.

Lodgement Steps:

1. Complete the Form F2 – Unfair Dismissal Application
2. Submit the form online via the Fair Work Commission website, by email, in person or by mail.
3. Pay the application fee (subject to waiver in certain cases)

The Commission will then notify the employer, and a conciliation process is usually scheduled.

What Happens During the Conciliation Process?

Conciliation is an informal mediation process where both parties attempt to resolve the issue without a formal hearing.

Outcomes may include:

• Reinstatement of employment
• Financial compensation
• Mutual agreement to part ways with a settlement

If conciliation fails, the matter may proceed to a formal hearing before a Fair Work Commissioner.

Potential Remedies for Unfair Dismissal

If your claim is successful, the Commission can order one or more of the following:

• Reinstatement: Return to your former role (rare but possible)
• Compensation: Up to 26 weeks’ pay (with caps in place)
• Payment of lost entitlements: e.g. superannuation or leave balances

Note: Compensation does not include damages for emotional distress.

What Is a Genuine Redundancy?

Employers may argue the dismissal was a genuine redundancy, which is a valid defence if:

• The employee’s job is no longer required.
• The employer followed consultation requirements (if applicable).

If the redundancy was used as a pretext for dismissal, the Fair Work Commission can rule it as unfair.

Legal Tips to Strengthen Your Case

If you believe you’ve been unfairly dismissed, taking the right steps early can make a big difference. Here are some key tips to help support your claim:

• Document Everything: Keep emails, performance reviews and records of disciplinary action.
• Understand Your Contract: Review employment agreements and workplace policies.
• Avoid Emotional Responses: Stay professional and seek advice early.
• Consult a Lawyer: Legal support can clarify your options and build a strong case.

Common Employer Defences

Employers may use a variety of legal arguments to justify a dismissal. Being aware of these defences can help you prepare an informed response:

• The employee was underperforming and given fair warnings
• The dismissal followed a fair disciplinary process
• It was a genuine redundancy
• The employee failed to follow reasonable instructions or committed misconduct

Employers often rely on documented procedures and witness statements to defend against claims.

Final Thoughts

Understanding what unfair dismissal means in Australia helps you identify when your rights have been violated. Whether you suspect your termination was unreasonable or you need help navigating the Fair Work system, it’s essential to act quickly and seek reliable legal guidance. Knowing your rights is the first step. Taking action to enforce them is the next.

Need Help with an Unfair Dismissal Claim?

At Rotstein Commercial Lawyers, we provide expert advice and representation in unfair dismissal matters. Our employment law specialists can assess your case, lodge your application and represent you throughout the conciliation or hearing process.

Don’t face unfair dismissal alone. Call us today on +61 3 9604 7888 or visit our Contact Us page to book a confidential consultation. Let us help you protect your rights and secure a fair outcome.

Your trademark is more than a logo or name—it represents your brand identity and commercial reputation. So, what happens if someone infringes your trademark in Australia? 

If you hold a registered trademark and discover unauthorised use, there are clear legal steps you can take to enforce your rights and protect your business. Trademark infringement is a serious issue that can cause brand confusion, customer loss and financial damage. 

Fortunately, Australian law provides strong protections for trademark owners. In this guide, we walk you through how to confirm infringement, enforce your rights and seek legal remedies under the Trade Marks Act 1995 (Cth).

A Quick Overview: What Happens If Someone Infringes Your Trademark?

If someone uses a trademark that is substantially identical or deceptively similar to yours without permission, it may be an infringement. Here’s what you can do:

• Confirm the infringement with proper evidence.
• Send a cease and desist letter.
• File an opposition with IP Australia (if applicable).
• Consider settlement or licensing discussions.
• Initiate legal proceedings if necessary.
• Report the infringement on online platforms.

Enforcing your trademark rights promptly is crucial to maintaining your brand’s integrity.

Step 1: Confirm the Infringement

Before taking action, ensure that the unauthorised use qualifies as trademark infringement under Australian law.

What Qualifies as Infringement?

• Substantially Identical or Deceptively Similar: The infringing mark closely resembles your registered trademark.
• Same or Similar Goods/Services: The infringing party operates in the same or a related industry.
• Likelihood of Confusion: Customers may be misled into believing the products or services come from your business.

Review your trademark registration details to check the scope of protection and ensure that the alleged infringement falls within the classes and categories covered.

Step 2: Gather Evidence of Infringement

Solid evidence is essential if you plan to take legal or administrative action.

Types of Evidence to Collect

• Screenshots of websites, social media posts or online listings
• Physical examples of packaging or promotional materials
• Records of customer complaints or confusion
• Copies of the infringing party’s advertisements

The more comprehensive your documentation, the stronger your case will be.

Step 3: Send a Cease and Desist Letter

A well-drafted cease and desist letter is often the first step in resolving a trademark dispute.

Why This Step Matters

• Legal Notification: It formally puts the infringer on notice of your rights.
• Avoids Court: Many infringers comply after receiving a legal warning.
• Shows Good Faith: Courts often expect you to attempt resolution before initiating legal proceedings.

A lawyer can help craft a letter that clearly outlines your rights and demands that the infringer stop using the trademark immediately.

Step 4: Oppose Their Trademark Application (If Applicable)

If the infringer is trying to register the mark with IP Australia, you may be able to file an opposition.

Opposing a Trademark Application

• Must be lodged within two months of the trademark being accepted for registration
• Requires valid grounds, such as prior use, deceptive similarity or bad faith

This process can prevent a conflicting trademark from being officially registered and protect your existing rights.

Step 5: Negotiate a Resolution

In some cases, negotiation can resolve the issue without further conflict.

Options for Negotiation

• Settlement: Agree on terms that resolve the dispute without court involvement.
• Licensing Agreement: Permit the use of your trademark under specified conditions, such as a fee or limited usage rights.
• Rebranding: The infringing party may agree to stop using the mark within a defined timeline.

Alternative dispute resolution (ADR) methods like mediation can help both parties reach a mutually acceptable outcome.

Step 6: Take Legal Action Under the Trade Marks Act

If informal steps fail, court proceedings may be necessary to enforce your trademark rights.

Legal Remedies Available

• Injunctions: Court orders requiring the infringer to stop using your trademark.
• Damages: Compensation for financial losses due to the infringement.
• Account of Profits: The infringer may be ordered to surrender profits made through unlawful use.
• Delivery Up: Seizure or destruction of infringing goods.

Legal action is typically initiated in the Federal Court of Australia and must be supported by strong evidence and legal arguments.

Step 7: Report Online Trademark Infringement

In the digital age, many cases of trademark misuse happen online. Most platforms have dedicated trademark complaint processes.

Platforms That Accept IP Complaints

• Facebook and Instagram: Submit a trademark complaint through their Rights Manager tools.
• Amazon: Use the Report Infringement tool in the Brand Registry.
• Google Ads: File a complaint for improper use of your trademark in ads.

Quick online enforcement can prevent further customer confusion and revenue loss.

Why Legal Advice is Essential in Trademark Infringement Cases

Trademark law in Australia can be complex, especially when dealing with enforcement, evidence, and court procedures.

Benefits of Engaging a Lawyer

• Assess whether infringement has occurred
• Draft strong cease and desist letters
• Advise on IP Australia procedures and deadlines
• Represent you in court or settlement negotiations

Failing to take the right steps can jeopardise your rights or lead to costly mistakes. Legal guidance ensures that your enforcement strategy is sound, strategic and legally compliant.

Preventative Tips: How to Minimise Trademark Infringement

While you can’t prevent all infringement, proactive management can reduce the risk. The sooner you identify a potential infringement, the easier it is to take effective action. Here’s how to approach it:

• Register Your Trademark: Only registered marks have full protection under the Trade Marks Act 1995 (Cth)
• Use Your Trademark Consistently: Strengthens its recognition and legal standing
• Monitor Your Market: Regularly check competitors, marketplaces, and industry events
• Set Up Alerts: Use Google Alerts or trademark watch services

Final Thoughts

So, what happens if someone infringes your trademark in Australia? The law gives you a structured path to respond, starting with evidence gathering, informal resolution and escalating to legal action if needed. Acting swiftly and strategically protects your brand, reputation and business value.

With expert legal guidance, you can ensure your rights are enforced effectively while avoiding unnecessary disputes or expenses.

Need Help Enforcing Your Trademark Rights?

At Rotstein Commercial Lawyers, we specialise in trademark enforcement, IP disputes, and brand protection strategies. Whether you’re sending a cease and desist letter, opposing a registration or filing court action, our experienced legal team will stand by your side.

Don’t let others misuse your brand—partner with Rotstein Commercial Lawyers and defend your trademark with confidence. Call us on +61 3 9604 7888 or visit our Contact Us page to schedule a consultation.

Buying into a franchise system can be a promising path to business ownership, but should you start fresh or buy an existing location? If you’re considering purchasing a running franchise, it’s essential to weigh the pros and cons before making a decision. So, what are the pros and cons of buying an existing franchise in Australia?

While an existing franchise offers immediate income and brand recognition, it may also come with hidden liabilities or operational issues. In this guide, we break down the advantages and disadvantages, key factors to consider, and explain why seeking professional legal advice is crucial before signing any contracts.

A Quick Overview: Pros and Cons of Buying an Existing Franchise

Buying an existing franchise has both financial and operational advantages, but it may involve risks if not thoroughly assessed. Key takeaways include:

Pros:

• Immediate cash flow
• Established customer base
• Proven business model
• Trained staff and existing processes
• Brand recognition
• Easier financing

Cons:

• Higher upfront costs
• Potential liabilities
• Limited flexibility in contracts
• Resistance to operational changes
• Franchisor approval needed

Benefits of Buying an Existing Franchise

There are several compelling reasons why entrepreneurs choose to buy an existing franchise instead of starting from scratch. Let’s explore the most important advantages.

1. Immediate Cash Flow and Existing Customer Base

Unlike a new business that takes time to build traction, an existing franchise usually has ongoing revenue and a steady customer base. This means:

• Faster return on investment (ROI)
• Quicker break-even period
• Reduced marketing and advertising efforts early on

2. Proven Business Model and Systems

You’re buying into a franchise that already follows a tested operational framework:

• Streamlined procedures and processes
• Consistent supply chains
• Set standards for quality and service

This lowers the risk compared to launching an independent or brand-new business.

3. Easier Financing

Banks and financial institutions may be more willing to fund your purchase if the franchise has a good track record:

• Predictable income makes repayment easier.
• This means lower risk perceived by lenders.

4. Trained Staff and Established Operations

An existing franchise often includes a team of trained employees and functioning operational systems:

• It saves time on hiring and onboarding.
• It allows for a smoother transition and continuity.

5. Brand Recognition and Corporate Support

Franchise brands usually offer national marketing campaigns and widespread brand awareness:

• You benefit from their existing reputation.
• Centralised marketing support can reduce your advertising burden.

Risks and Challenges to Consider

Despite the advantages, buying an existing franchise also carries certain risks. These downsides can affect your profitability, operational freedom and legal obligations.

1. Higher Upfront Costs

You’re not just buying equipment and assets; you’re also paying for goodwill and an established customer base:

• Purchase prices may include intangible value.
• Upgrades or renovations may still be needed.

2. Hidden Liabilities and Reputation Issues

Previous mismanagement could leave behind problems that aren’t visible at first glance:

• Unpaid debts
• Poor staff culture
• Negative public perception

Always conduct financial and legal due diligence to uncover such issues.

3. Limited Negotiation Power

You may have to accept existing contracts and terms:

• Fixed supplier agreements
• Locked-in lease arrangements
• Existing franchise terms that may not favour you

4. Resistance to Change

Implementing operational improvements or cultural changes may be met with:

• Staff resistance
• Customer pushback
• Friction with existing suppliers

5. Franchisor Approval Required

You can’t simply take over a franchise without approval. The franchisor must vet and approve new owners:

• This can delay the purchase
• You may need to meet specific qualifications

6. Potentially Outdated Equipment or Location Issues

You may inherit older equipment or a premises needing upgrades:

• Budget for renovations
• Consider relocation or refurbishing if needed

Key Legal Considerations Before Buying

Before proceeding, it’s critical to understand the legal aspects and secure the right protections. Here are the top areas where legal guidance is essential.

Review of the Franchise Agreement

The franchise agreement outlines your rights, obligations and restrictions:

• Ensure terms are fair and not overly restrictive
• Review obligations for renewal, exit and ongoing fees

Examination of the Disclosure Document

Under the Franchising Code of Conduct, the seller must provide a disclosure document:

• Includes financial history and legal disputes
• Must be reviewed at least 14 days before signing

Lease and Asset Agreements

Check if the business location lease is transferable or renegotiable:

• Confirm no hidden fees or obligations
• Ensure you’re not liable for previous breaches

Compliance with the Franchising Code of Conduct

The transaction must follow the Code regulated by the ACCC:

• Right to a cooling-off period
• Dispute resolution mechanisms
• Obligations on both seller and franchisor

Due Diligence Checklist

To make an informed decision, review the following before buying:

• Financials: Profit and loss statements, tax returns, cash flow
• Franchise Agreement: Terms, fees, obligations, renewals
• Staff: Employment contracts, training levels, team morale
• Supplier Contracts: Pricing, duration and exclusivity
• Lease: Rent terms, maintenance responsibilities, tenure
• Franchisor Relationship: Support levels, compliance history
• Customer Base: Retention rates, reviews and reputation

Final Thoughts

Buying an existing franchise offers a quicker route to business ownership with many potential benefits, including cash flow and brand support. However, risks such as high costs, legacy issues and restrictive terms must be carefully evaluated.

Due diligence, financial review and legal analysis are vital to making a confident decision. With the right preparation and professional advice, purchasing an existing franchise can be a strategic and profitable investment.

Need Legal Advice Before Buying a Franchise?

At Rotstein Commercial Lawyers, we provide expert legal guidance on franchise purchases, contract reviews and due diligence. Whether you’re considering buying an existing franchise or negotiating terms with a franchisor, our team can help you navigate the legal landscape and protect your investment.

Partner with Rotstein Commercial Lawyers to ensure your franchise journey starts with clarity and confidence. Call us on +61 3 9604 7888 or visit our Contact Us page to schedule a consultation.

Franchise agreements may seem rigid, but there’s often more room for flexibility than you might expect, especially if you know where to look. 

If you’re wondering whether you can negotiate a franchise agreement in Australia, the answer is yes. Key terms, such as fees, territory rights, contract length and exit conditions, are often negotiable, as long as the agreement remains compliant with the Franchising Code of Conduct and the Competition and Consumer Act 2010.

Before signing anything, it’s also worth reviewing the disclosure document, checking the franchisor’s track record and getting clear on your obligations. There’s more to it than just signing on the dotted line. If you’re considering joining a franchise, read on to see what you can negotiate and how to approach it with confidence.

A Quick Overview: Can You Negotiate a Franchise Agreement?

Yes, franchise agreements can be negotiated in Australia. The Franchising Code of Conduct allows room for discussion on specific terms, although franchisors may not always be flexible on everything. Key areas where negotiation is possible include:

• Franchise fees and ongoing royalties
• Territory exclusivity
• Length of the franchise term and renewal rights
• Termination and exit clauses
• Level of training and support

Legal advice is highly recommended to ensure your interests are protected and your obligations are clear.

Understanding Australian Franchise Laws

Before entering any negotiation, it’s important to understand the legal framework that governs franchising in Australia.

The Franchising Code of Conduct

The Franchising Code of Conduct, regulated by the Australian Competition and Consumer Commission (ACCC), applies to all franchise agreements in Australia. It sets out mandatory disclosure obligations and conduct requirements for both franchisors and franchisees.

Key features include:

• A 14-day disclosure period before signing the agreement
• The right to a cooling-off period
• Requirements for dispute resolution procedures

Competition and Consumer Act 2010 (Cth)

The Competition and Consumer Act 2010 (Cth) also impacts franchise agreements, particularly concerning:

• Unfair contract terms
• Misleading or deceptive conduct

These laws protect franchisees from being locked into unfair or one-sided agreements.

Key Terms You Can Negotiate in a Franchise Agreement

While some franchisors offer standardised agreements, there are usually several terms that may be open to negotiation. Below are the main areas where negotiation is possible:

1. Initial and Ongoing Fees

Franchise fees typically include an initial franchise fee, ongoing royalties and contributions to a marketing fund. You may be able to:

• Request a reduction in the initial fee.
• Negotiate a royalty-free grace period.
• Clarify how marketing contributions are used.

2. Territory Rights

Exclusivity is a major concern for franchisees. Negotiating for a clearly defined and exclusive territory can prevent future competition from other franchisees or company-owned outlets in the same area.

• Ask for maps and boundaries in writing.
• Seek clauses that prevent overlap with nearby franchises.

3. Term and Renewal Conditions

Most franchise agreements have an initial term of 5–10 years, with renewal options.

• Negotiate for a longer initial term.
• Ensure fair and automatic renewal terms.
• Avoid conditions that give the franchisor unilateral rights to deny renewal.

4. Exit and Termination Clauses

Understand your rights if things don’t go as planned.

• Request flexible exit clauses without heavy penalties.
• Ensure that termination rights aren’t skewed in favour of the franchisor.
• Look for fair dispute resolution procedures.

5. Training and Ongoing Support

Franchisors usually provide training and business support, but the level and scope can vary greatly.

• Clarify training duration, content and cost.
• Ask about ongoing operational, marketing and technical support.
• Include support commitments in the contract.

Due Diligence: What to Do Before Signing

Negotiating a franchise agreement isn’t just about haggling over terms. It’s also about conducting thorough due diligence to understand what you’re getting into.

Review the Disclosure Document

The Franchising Code mandates that franchisors provide a disclosure document at least 14 days before you sign. This document includes:

• Financial statements
• Contact details of current and past franchisees
• Legal proceedings involving the franchisor

Reading it carefully is a must.

Assess the Financial Viability

• Ask for profit and loss statements or financial projections.
• Consult an accountant or financial advisor to evaluate the business model.

Speak to Existing Franchisees

• Get honest feedback on the franchisor’s support, training and responsiveness.
• Ask about hidden costs or unexpected challenges.

Understand Post-Termination Obligations

Some agreements include restrictive covenants that limit what you can do after the franchise ends.

• Review non-compete clauses.
• Clarify any obligations to return materials or equipment.

Common Mistakes to Avoid When Negotiating a Franchise Agreement

• Assuming the agreement is non-negotiable: Many franchisees don’t realise they have the right to request changes.
• Skipping legal advice: Franchise law is complex, and even small oversights can be costly.
• Focusing only on fees: Other terms like territory, renewal and support can be equally important.
• Rushing into signing: Always take the time to review documents and consult professionals.

Benefits of Negotiating Your Franchise Agreement

Negotiating isn’t about being difficult—it’s about protecting your business investment. Here are some key benefits:

• Improved profitability: Lower fees and better support increase your chances of success.
• Reduced risk: Fairer terms mean less exposure to legal or financial troubles.
• Stronger relationship: Open communication during negotiation fosters mutual respect.

Final Thoughts

So, can you negotiate a franchise agreement in Australia? Absolutely. While not every term may be flexible, taking the time to review, negotiate and understand your agreement is essential to your long-term success as a franchisee. The process can be complex, and that’s where legal guidance becomes invaluable.

Need Legal Help to Negotiate a Franchise Agreement?

At Rotstein Commercial Lawyers, we understand the intricacies of Australian franchise law and are committed to protecting your interests. Whether you’re reviewing an agreement, seeking to negotiate better terms or preparing to sign, our experienced legal team can provide tailored advice every step of the way.

Ensure your franchise journey starts on solid legal ground—partner with Rotstein Commercial Lawyers today. Call us on +61 3 9604 7888 or visit our Contact Us page to schedule a consultation.