High Court overturns decision for casuals to claim paid leave entitlements
Syvannah Harper
The High Court of Australia has overturned the Federal Court decision in WorkPac v Rossato [2020] FCAFC 84 in a unanimous decision putting an end to the idea that some casual workers may be entitled to leave entitlements, such as annual leave, sick leave, and holiday pay.
Employer groups have claimed this decision will stop potential backpay claim against employers totalling $40 billion.
Previous decisions
In 2018, the Full Court of the Federal Court[1] found that, in the absence of a definition of casual employment under the Fair Work Act 2009 (Cth) (FWA), the courts would look at the true nature of the employment relationship. This is regardless of whether an employer calls the arrangement “casual”.
In fact, the court made the finding that a casual employee was actually a permanent employee (and entitled to accrue leave and other benefits), the written terms of the enterprise agreement and employment contact expressly stating the employment was casual.
In making this decision, the Court looked at the employee’s pattern of work and determined that his work was regular, systematic and predictable, and that meant it had the characteristics of permanent employment, not casual employment.
The recent High Court decision
In this recent decision, Mr Rossato (the applicant) worked for WorkPac as a production coal mine employee for a period of four years on six separate consecutive casual contracts between 2014 and 2018 (collectively, Employment Contracts).
Throughout his employment with WorkPac, Mr Rossato was treated as a casual employee and was paid pursuant to the Workpac Pty Ltd Mining (Coal) Industry Enterprise Agreement 2012 (EBA) as a casual employee. Under the EBA a casual employee was entitled to be paid a higher rate of pay, however, was not entitled to accrue statutory leave entitlements such as annual leave, sick leave, and holiday pay.
After ceasing employment with Workpac in 2018, Mr Rossato claimed that he was a permanent employee on the basis that his employment was ongoing, regular and systematic pursuant to the Federal Court case law. Accordingly, Mr Rossato claimed he was entitled to be paid his outstanding leave entitlements under the FWA and the EBA.
The High Court found that a casual employee is an employee who has no “firm advance commitment of work from an employer as to the duration of the employee’s employment or the day (or hours) the employee will work”. However, it stated that “a mere expectation of continuing employment on a regular and systematic basis is not sufficient” to render the employment permanent in nature.
The High Court found that Mr Rossato’s employment was truly casual, having regard to the following facts:
Mr Rossato was engaged on an “assignment-by assignment basis”;
he was entitled to accept or reject any offer of employment;
WorkPac was not under any obligation to offer any further assignments and there was no commitment to ongoing employment beyond the completion of each assignment, and
the casual assignments could be varied or terminated with minimal notice.
The Hight Court also held that where an employment agreement expressly states the nature of the employment relationship, and the parties adhere to the terms, there must be a firm advance commitment of work found within the terms of the agreement for the employee to be considered otherwise. In this matter, the employment contracts provided for variations of Mr Rossato’s daily working hours and assignment length, supporting the casual nature of the employment.
What does this mean for employers?
The High Court’s decision in Workpac v Rossato provides clarity for employers who engage casual employees under a contract of employment.
In addition to the High Court’s decision in Rossato, there have been legislative changes to the FWA whereby a definition of casual employment has been added (Amending Legislation).
The Rossato decision and the Amending Legislation provides greater certainty to employers on the nature of the employment relationship where a casual contract of employment does not give rise to “a firm commitment to ongoing employment”.
Employers should get in contact with CJM Lawyers now to have their casual contracts of employment reviewed to ensure that terms for casual employees support the nature of the work being performed.
[1] WorkPac Pty Ltd v Skene [2018] FCAFC 131
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Our Latest Story
By July 2026 Edition
•
13 July 2026
You’ve decided to buy a business. Sell a property. Or finally restructure the family group the way your accountant has been suggesting for years. You’ve done the hard part. You’ve made the decision and you’re sitting in your solicitor’s office ready to get moving. Instead, you’re asked for your driver’s licence. Then your passport. Then a few questions about who actually owns the company doing the buying, where the deposit money is coming from, and whether anyone else stands to benefit from the deal. If part of you starts wondering whether you’ve done something wrong, you haven’t. What’s changed isn’t you. It’s the law. The short version From 1 July 2026, law firms providing certain legal services became part of Australia’s anti-money laundering regime, the same set of rules banks have operated under for years. Accountants, conveyancers and real estate professionals were brought in at the same time. You might hear it called "Tranche 2", and it’s the biggest expansion of these laws in a generation. In plain terms, your lawyer is now legally required to understand who they’re acting for, who’s really behind a transaction, and where the money involved is coming from. Not because anyone suspects you of anything. Because the law now requires it. The reasoning is fairly simple. Criminals have long used professional services such as lawyers, accountants and agents to move illicit funds through otherwise legitimate-looking transactions. The reforms are designed to make that much harder. So why all the identification? The starting point is knowing who you are. That means sighting identity documents for the people involved in a matter, and for the businesses involved too. It’s the same principle as opening a bank account, just applied to buying a business, transferring property, or establishing and operating through a company or trust. For most clients it’s a five-minute exercise at the start of a matter. Have your identification ready and it barely registers. “But it’s my company. Why do you need to know who owns it?” This is the part that catches people off guard. When you deal through a company or trust, the law requires us to look beyond the entity and identify the real people behind it, the people who ultimately own or control it. It’s called beneficial ownership. If your structure is straightforward, this is usually quick. If it’s a company owned by a trust, controlled by another entity, with a corporate trustee sitting over the top, it can take a little longer to map out. That’s exactly the type of structure the rules are designed to understand. None of this means anything is wrong. It simply means we need to be able to clearly identify who is involved. Where did the money come from? You may also be asked about the source of funds being used in a transaction, and sometimes about the source of your wealth more broadly. For most people the explanation is entirely ordinary: proceeds from another property sale, a business sale, an inheritance, years of savings, or a loan from the bank. Usually it’s a short conversation. Occasionally we may ask for documents to support the explanation. In larger transactions, or where funds have moved through multiple accounts or entities, we may need a little more information to satisfy our legal obligations. Either way, it’s always better to have the conversation early than to have questions arise shortly before settlement. Why it might take a little longer to get started The practical reality is that more work now happens at the very beginning of a matter, before we can properly commence certain services or receive money into trust. It can feel like an extra step between you and getting on with things. The good news is that it’s largely front-loaded. Once it’s completed, the rest of the matter generally progresses the way it always has. How to make it painless Bring current identification for everyone involved. If you’re using a company or trust, make sure you understand the structure or bring the relevant documents with you. If there’s anything unusual about where funds are coming from, mention it early. Speak to us sooner rather than later. The earlier we commence, the easier it is to deal with any compliance requirements in the background. The bottom line We would much rather explain these requirements at the beginning than have you frustrated on settlement day. In reality, a firm that asks these questions properly is a firm doing its job. These processes don’t just protect the financial system. They also help protect clients, businesses and transactions from unnecessary risk. If you’re planning to buy, sell or restructure this financial year, the best thing you can do is speak with us before the transaction gathers momentum. We’ll get the groundwork sorted while things are still quiet, so compliance doesn’t become the reason your transaction stalls. Thinking about a purchase, sale or restructure this year? Have a chat with our commercial team early and we’ll make sure the paperwork is ready to go when you are. Contact CJM Lawyers on 1300 245 299 or commercial@cjmlaw.com.au .
By July 2026 Edition
•
13 July 2026
Cast your mind back to when you started your business. Somewhere in those early months you signed a stack of documents: an agreement with your business partner, a few employment contracts, maybe a set of terms and conditions that came from a template or a mate who'd done it before. You signed them, filed them, and got on with the actual work of running the place. When did you last read any of them? For most established businesses, the honest answer is "not since we set up". That's where problems can start. Your business has grown and changed enormously since then. The documents haven't moved an inch. That gap between what your paperwork says and how your business actually runs is exactly where trouble likes to hide. It usually surfaces at the worst possible moment: when a relationship sours, someone falls ill, or a deal falls through. Here are five documents worth reviewing this financial year. 1. Your shareholders' agreement, partnership agreement, constitution or trust deed This is the paperwork that answers the awkward questions nobody wants to ask while everyone's getting along. What happens if a co-owner wants out? If one of you dies? If someone wants to sell their share to an outsider you'd never choose to be in business with? If your business structure has changed over the years, do the documents still reflect reality? If you don't have an agreement at all, and plenty of successful businesses don't, those decisions may ultimately be determined by legislation and default legal rules that were never designed around the way your business operates. If you do have one, but it was drawn up years ago when the business looked completely different, it may no longer reflect who's involved, what the business is worth, or how you'd want things handled today. 2. Your buy/sell agreement (sometimes called business succession agreement / buyout deed) Closely related, and just as easy to forget. A buy/sell agreement sets out what happens to an owner's share if they die or can no longer work, and it's often funded by life or disability insurance taken out years ago. The mechanism only works if the money behind it still stacks up. Business values drift upward. Insurance cover doesn't automatically follow. We regularly see arrangements where the agreement promises one thing and the funding delivers something far short of it. It's worth checking the numbers still line up. 3. Your employment and contractor agreements Workplace laws don't stand still, and neither should your contracts. Recent changes have placed greater focus on the reality of a working relationship rather than simply what the contract says. That means an arrangement that made sense a few years ago may deserve another look today. An out-of-date contract, or a handshake arrangement that was never properly documented, can leave you exposed to disputes about pay, leave, superannuation and other entitlements long after the relationship has ended. It's worth reviewing your casual arrangements too, along with any employment or contractor templates you've been reusing without much thought. What was fine five years ago may not be fine now. 4. Your terms and conditions, and your privacy policy If your business sells, quotes, or collects customer information, particularly online, these documents do more heavy lifting than most owners realise. Good terms and conditions help you get paid, set out what you're responsible for (and what you're not), and give you something solid to stand on when a customer disputes an invoice. Your privacy policy matters more than it used to as well; even where the Privacy Act doesn't strictly apply, customers increasingly expect it. Businesses are facing increasing scrutiny around how they collect, store and use personal information. A privacy policy copied from another website years ago is unlikely to reflect what you're actually doing today. Following the rise in cyber incidents and data breaches, customers and regulators alike expect businesses to understand what information they hold, how it's protected and who has access to it. If your privacy policy doesn't accurately reflect your practices, it's probably time for a review. 5. Your succession plan and powers of attorney Here's a question most owners avoid: what happens to the business if you can't be there to run it, for a fortnight, or for good? Who signs off on EFT payments & wages? Who deals with the bank? Who makes decisions? Who keeps the lights on? For many businesses, key client relationships, banking authorities and operational knowledge sit with one or two people. If that person suddenly becomes unavailable, the disruption can be immediate. For companies, this usually needs to work alongside your constitution as an attorney can't simply step into a director's shoes, which is why the documents need to be designed together. A properly prepared enduring power of attorney, together with a clear succession plan, can help ensure someone has authority to manage key business affairs if you're unable to do so. It's not a pleasant thing to think about, which is exactly why so few people have it sorted. Before moving on, it is worth asking yourself a few simple questions: Do your ownership documents still reflect your current business structure? Have your employment and contractor agreements been reviewed in the last few years? Have your terms and conditions kept pace with the way your business now operates Does your privacy policy accurately reflect how you collect and use personal information? Would someone know how to keep the business running if you were suddenly unavailable? If you answered "no", or even "I'm not sure", to any of those questions, it may be time for a review. Don't try to fix everything at once. If that list feels like a lot, don't worry. You don't need a full legal audit, and you certainly don't need to do everything at once. Pick one document this quarter and have it reviewed. For most established businesses, ownership documents are often the best place to start because they help protect the thing you've spent years building. Many business owners are surprised by how much has changed since those documents were first signed. A short review now is usually far easier, and far less expensive, than dealing with a problem after it arises. The businesses that handle these issues well are not necessarily the ones with the thickest folders. They are the ones that occasionally stop and make sure their paperwork still reflects the reality of how the business operates today. Not sure whether your key business documents still hold up? Pick one and let our commercial team take a look this quarter. A short review now can save a great deal of trouble later. Contact CJM Lawyers on 1300 245 299 or commercial@cjmlaw.com.au .
By Savannah Barrios
•
30 June 2026
From 1 July 2026, new Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) laws will apply to accounting and legal practices, including CJM Lawyers. These reforms are designed to help prevent financial crime and bring professional service providers into line with obligations already followed by banks and other financial institutions. For certain services, we will be required to verify your identity before we can commence work. Depending on the engagement, we may ask for photo identification, details of the ownership and control of companies or trusts, and, in some cases, information about the source of funds. We may also complete standard screening checks against government and sanctions databases where required by law. If you are an existing client, there is nothing you need to do at this stage. These requirements will generally apply when you engage us for a new matter or service covered by the legislation. When verification is required, our team will guide you through the simple and secure online process. Your privacy remains important to us. Any information collected will be handled securely and used only to meet our legal obligations. If you have any questions about these changes, do not hesitate to reach out to us for further assistance.
Our Latest Story
By July 2026 Edition
•
13 July 2026
You’ve decided to buy a business. Sell a property. Or finally restructure the family group the way your accountant has been suggesting for years. You’ve done the hard part. You’ve made the decision and you’re sitting in your solicitor’s office ready to get moving. Instead, you’re asked for your driver’s licence. Then your passport. Then a few questions about who actually owns the company doing the buying, where the deposit money is coming from, and whether anyone else stands to benefit from the deal. If part of you starts wondering whether you’ve done something wrong, you haven’t. What’s changed isn’t you. It’s the law. The short version From 1 July 2026, law firms providing certain legal services became part of Australia’s anti-money laundering regime, the same set of rules banks have operated under for years. Accountants, conveyancers and real estate professionals were brought in at the same time. You might hear it called "Tranche 2", and it’s the biggest expansion of these laws in a generation. In plain terms, your lawyer is now legally required to understand who they’re acting for, who’s really behind a transaction, and where the money involved is coming from. Not because anyone suspects you of anything. Because the law now requires it. The reasoning is fairly simple. Criminals have long used professional services such as lawyers, accountants and agents to move illicit funds through otherwise legitimate-looking transactions. The reforms are designed to make that much harder. So why all the identification? The starting point is knowing who you are. That means sighting identity documents for the people involved in a matter, and for the businesses involved too. It’s the same principle as opening a bank account, just applied to buying a business, transferring property, or establishing and operating through a company or trust. For most clients it’s a five-minute exercise at the start of a matter. Have your identification ready and it barely registers. “But it’s my company. Why do you need to know who owns it?” This is the part that catches people off guard. When you deal through a company or trust, the law requires us to look beyond the entity and identify the real people behind it, the people who ultimately own or control it. It’s called beneficial ownership. If your structure is straightforward, this is usually quick. If it’s a company owned by a trust, controlled by another entity, with a corporate trustee sitting over the top, it can take a little longer to map out. That’s exactly the type of structure the rules are designed to understand. None of this means anything is wrong. It simply means we need to be able to clearly identify who is involved. Where did the money come from? You may also be asked about the source of funds being used in a transaction, and sometimes about the source of your wealth more broadly. For most people the explanation is entirely ordinary: proceeds from another property sale, a business sale, an inheritance, years of savings, or a loan from the bank. Usually it’s a short conversation. Occasionally we may ask for documents to support the explanation. In larger transactions, or where funds have moved through multiple accounts or entities, we may need a little more information to satisfy our legal obligations. Either way, it’s always better to have the conversation early than to have questions arise shortly before settlement. Why it might take a little longer to get started The practical reality is that more work now happens at the very beginning of a matter, before we can properly commence certain services or receive money into trust. It can feel like an extra step between you and getting on with things. The good news is that it’s largely front-loaded. Once it’s completed, the rest of the matter generally progresses the way it always has. How to make it painless Bring current identification for everyone involved. If you’re using a company or trust, make sure you understand the structure or bring the relevant documents with you. If there’s anything unusual about where funds are coming from, mention it early. Speak to us sooner rather than later. The earlier we commence, the easier it is to deal with any compliance requirements in the background. The bottom line We would much rather explain these requirements at the beginning than have you frustrated on settlement day. In reality, a firm that asks these questions properly is a firm doing its job. These processes don’t just protect the financial system. They also help protect clients, businesses and transactions from unnecessary risk. If you’re planning to buy, sell or restructure this financial year, the best thing you can do is speak with us before the transaction gathers momentum. We’ll get the groundwork sorted while things are still quiet, so compliance doesn’t become the reason your transaction stalls. Thinking about a purchase, sale or restructure this year? Have a chat with our commercial team early and we’ll make sure the paperwork is ready to go when you are. Contact CJM Lawyers on 1300 245 299 or commercial@cjmlaw.com.au .
By July 2026 Edition
•
13 July 2026
Cast your mind back to when you started your business. Somewhere in those early months you signed a stack of documents: an agreement with your business partner, a few employment contracts, maybe a set of terms and conditions that came from a template or a mate who'd done it before. You signed them, filed them, and got on with the actual work of running the place. When did you last read any of them? For most established businesses, the honest answer is "not since we set up". That's where problems can start. Your business has grown and changed enormously since then. The documents haven't moved an inch. That gap between what your paperwork says and how your business actually runs is exactly where trouble likes to hide. It usually surfaces at the worst possible moment: when a relationship sours, someone falls ill, or a deal falls through. Here are five documents worth reviewing this financial year. 1. Your shareholders' agreement, partnership agreement, constitution or trust deed This is the paperwork that answers the awkward questions nobody wants to ask while everyone's getting along. What happens if a co-owner wants out? If one of you dies? If someone wants to sell their share to an outsider you'd never choose to be in business with? If your business structure has changed over the years, do the documents still reflect reality? If you don't have an agreement at all, and plenty of successful businesses don't, those decisions may ultimately be determined by legislation and default legal rules that were never designed around the way your business operates. If you do have one, but it was drawn up years ago when the business looked completely different, it may no longer reflect who's involved, what the business is worth, or how you'd want things handled today. 2. Your buy/sell agreement (sometimes called business succession agreement / buyout deed) Closely related, and just as easy to forget. A buy/sell agreement sets out what happens to an owner's share if they die or can no longer work, and it's often funded by life or disability insurance taken out years ago. The mechanism only works if the money behind it still stacks up. Business values drift upward. Insurance cover doesn't automatically follow. We regularly see arrangements where the agreement promises one thing and the funding delivers something far short of it. It's worth checking the numbers still line up. 3. Your employment and contractor agreements Workplace laws don't stand still, and neither should your contracts. Recent changes have placed greater focus on the reality of a working relationship rather than simply what the contract says. That means an arrangement that made sense a few years ago may deserve another look today. An out-of-date contract, or a handshake arrangement that was never properly documented, can leave you exposed to disputes about pay, leave, superannuation and other entitlements long after the relationship has ended. It's worth reviewing your casual arrangements too, along with any employment or contractor templates you've been reusing without much thought. What was fine five years ago may not be fine now. 4. Your terms and conditions, and your privacy policy If your business sells, quotes, or collects customer information, particularly online, these documents do more heavy lifting than most owners realise. Good terms and conditions help you get paid, set out what you're responsible for (and what you're not), and give you something solid to stand on when a customer disputes an invoice. Your privacy policy matters more than it used to as well; even where the Privacy Act doesn't strictly apply, customers increasingly expect it. Businesses are facing increasing scrutiny around how they collect, store and use personal information. A privacy policy copied from another website years ago is unlikely to reflect what you're actually doing today. Following the rise in cyber incidents and data breaches, customers and regulators alike expect businesses to understand what information they hold, how it's protected and who has access to it. If your privacy policy doesn't accurately reflect your practices, it's probably time for a review. 5. Your succession plan and powers of attorney Here's a question most owners avoid: what happens to the business if you can't be there to run it, for a fortnight, or for good? Who signs off on EFT payments & wages? Who deals with the bank? Who makes decisions? Who keeps the lights on? For many businesses, key client relationships, banking authorities and operational knowledge sit with one or two people. If that person suddenly becomes unavailable, the disruption can be immediate. For companies, this usually needs to work alongside your constitution as an attorney can't simply step into a director's shoes, which is why the documents need to be designed together. A properly prepared enduring power of attorney, together with a clear succession plan, can help ensure someone has authority to manage key business affairs if you're unable to do so. It's not a pleasant thing to think about, which is exactly why so few people have it sorted. Before moving on, it is worth asking yourself a few simple questions: Do your ownership documents still reflect your current business structure? Have your employment and contractor agreements been reviewed in the last few years? Have your terms and conditions kept pace with the way your business now operates Does your privacy policy accurately reflect how you collect and use personal information? Would someone know how to keep the business running if you were suddenly unavailable? If you answered "no", or even "I'm not sure", to any of those questions, it may be time for a review. Don't try to fix everything at once. If that list feels like a lot, don't worry. You don't need a full legal audit, and you certainly don't need to do everything at once. Pick one document this quarter and have it reviewed. For most established businesses, ownership documents are often the best place to start because they help protect the thing you've spent years building. Many business owners are surprised by how much has changed since those documents were first signed. A short review now is usually far easier, and far less expensive, than dealing with a problem after it arises. The businesses that handle these issues well are not necessarily the ones with the thickest folders. They are the ones that occasionally stop and make sure their paperwork still reflects the reality of how the business operates today. Not sure whether your key business documents still hold up? Pick one and let our commercial team take a look this quarter. A short review now can save a great deal of trouble later. Contact CJM Lawyers on 1300 245 299 or commercial@cjmlaw.com.au .
By Savannah Barrios
•
30 June 2026
From 1 July 2026, new Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) laws will apply to accounting and legal practices, including CJM Lawyers. These reforms are designed to help prevent financial crime and bring professional service providers into line with obligations already followed by banks and other financial institutions. For certain services, we will be required to verify your identity before we can commence work. Depending on the engagement, we may ask for photo identification, details of the ownership and control of companies or trusts, and, in some cases, information about the source of funds. We may also complete standard screening checks against government and sanctions databases where required by law. If you are an existing client, there is nothing you need to do at this stage. These requirements will generally apply when you engage us for a new matter or service covered by the legislation. When verification is required, our team will guide you through the simple and secure online process. Your privacy remains important to us. Any information collected will be handled securely and used only to meet our legal obligations. If you have any questions about these changes, do not hesitate to reach out to us for further assistance.
Our Latest Story
By July 2026 Edition
•
13 July 2026
You’ve decided to buy a business. Sell a property. Or finally restructure the family group the way your accountant has been suggesting for years. You’ve done the hard part. You’ve made the decision and you’re sitting in your solicitor’s office ready to get moving. Instead, you’re asked for your driver’s licence. Then your passport. Then a few questions about who actually owns the company doing the buying, where the deposit money is coming from, and whether anyone else stands to benefit from the deal. If part of you starts wondering whether you’ve done something wrong, you haven’t. What’s changed isn’t you. It’s the law. The short version From 1 July 2026, law firms providing certain legal services became part of Australia’s anti-money laundering regime, the same set of rules banks have operated under for years. Accountants, conveyancers and real estate professionals were brought in at the same time. You might hear it called "Tranche 2", and it’s the biggest expansion of these laws in a generation. In plain terms, your lawyer is now legally required to understand who they’re acting for, who’s really behind a transaction, and where the money involved is coming from. Not because anyone suspects you of anything. Because the law now requires it. The reasoning is fairly simple. Criminals have long used professional services such as lawyers, accountants and agents to move illicit funds through otherwise legitimate-looking transactions. The reforms are designed to make that much harder. So why all the identification? The starting point is knowing who you are. That means sighting identity documents for the people involved in a matter, and for the businesses involved too. It’s the same principle as opening a bank account, just applied to buying a business, transferring property, or establishing and operating through a company or trust. For most clients it’s a five-minute exercise at the start of a matter. Have your identification ready and it barely registers. “But it’s my company. Why do you need to know who owns it?” This is the part that catches people off guard. When you deal through a company or trust, the law requires us to look beyond the entity and identify the real people behind it, the people who ultimately own or control it. It’s called beneficial ownership. If your structure is straightforward, this is usually quick. If it’s a company owned by a trust, controlled by another entity, with a corporate trustee sitting over the top, it can take a little longer to map out. That’s exactly the type of structure the rules are designed to understand. None of this means anything is wrong. It simply means we need to be able to clearly identify who is involved. Where did the money come from? You may also be asked about the source of funds being used in a transaction, and sometimes about the source of your wealth more broadly. For most people the explanation is entirely ordinary: proceeds from another property sale, a business sale, an inheritance, years of savings, or a loan from the bank. Usually it’s a short conversation. Occasionally we may ask for documents to support the explanation. In larger transactions, or where funds have moved through multiple accounts or entities, we may need a little more information to satisfy our legal obligations. Either way, it’s always better to have the conversation early than to have questions arise shortly before settlement. Why it might take a little longer to get started The practical reality is that more work now happens at the very beginning of a matter, before we can properly commence certain services or receive money into trust. It can feel like an extra step between you and getting on with things. The good news is that it’s largely front-loaded. Once it’s completed, the rest of the matter generally progresses the way it always has. How to make it painless Bring current identification for everyone involved. If you’re using a company or trust, make sure you understand the structure or bring the relevant documents with you. If there’s anything unusual about where funds are coming from, mention it early. Speak to us sooner rather than later. The earlier we commence, the easier it is to deal with any compliance requirements in the background. The bottom line We would much rather explain these requirements at the beginning than have you frustrated on settlement day. In reality, a firm that asks these questions properly is a firm doing its job. These processes don’t just protect the financial system. They also help protect clients, businesses and transactions from unnecessary risk. If you’re planning to buy, sell or restructure this financial year, the best thing you can do is speak with us before the transaction gathers momentum. We’ll get the groundwork sorted while things are still quiet, so compliance doesn’t become the reason your transaction stalls. Thinking about a purchase, sale or restructure this year? Have a chat with our commercial team early and we’ll make sure the paperwork is ready to go when you are. Contact CJM Lawyers on 1300 245 299 or commercial@cjmlaw.com.au .
By July 2026 Edition
•
13 July 2026
Cast your mind back to when you started your business. Somewhere in those early months you signed a stack of documents: an agreement with your business partner, a few employment contracts, maybe a set of terms and conditions that came from a template or a mate who'd done it before. You signed them, filed them, and got on with the actual work of running the place. When did you last read any of them? For most established businesses, the honest answer is "not since we set up". That's where problems can start. Your business has grown and changed enormously since then. The documents haven't moved an inch. That gap between what your paperwork says and how your business actually runs is exactly where trouble likes to hide. It usually surfaces at the worst possible moment: when a relationship sours, someone falls ill, or a deal falls through. Here are five documents worth reviewing this financial year. 1. Your shareholders' agreement, partnership agreement, constitution or trust deed This is the paperwork that answers the awkward questions nobody wants to ask while everyone's getting along. What happens if a co-owner wants out? If one of you dies? If someone wants to sell their share to an outsider you'd never choose to be in business with? If your business structure has changed over the years, do the documents still reflect reality? If you don't have an agreement at all, and plenty of successful businesses don't, those decisions may ultimately be determined by legislation and default legal rules that were never designed around the way your business operates. If you do have one, but it was drawn up years ago when the business looked completely different, it may no longer reflect who's involved, what the business is worth, or how you'd want things handled today. 2. Your buy/sell agreement (sometimes called business succession agreement / buyout deed) Closely related, and just as easy to forget. A buy/sell agreement sets out what happens to an owner's share if they die or can no longer work, and it's often funded by life or disability insurance taken out years ago. The mechanism only works if the money behind it still stacks up. Business values drift upward. Insurance cover doesn't automatically follow. We regularly see arrangements where the agreement promises one thing and the funding delivers something far short of it. It's worth checking the numbers still line up. 3. Your employment and contractor agreements Workplace laws don't stand still, and neither should your contracts. Recent changes have placed greater focus on the reality of a working relationship rather than simply what the contract says. That means an arrangement that made sense a few years ago may deserve another look today. An out-of-date contract, or a handshake arrangement that was never properly documented, can leave you exposed to disputes about pay, leave, superannuation and other entitlements long after the relationship has ended. It's worth reviewing your casual arrangements too, along with any employment or contractor templates you've been reusing without much thought. What was fine five years ago may not be fine now. 4. Your terms and conditions, and your privacy policy If your business sells, quotes, or collects customer information, particularly online, these documents do more heavy lifting than most owners realise. Good terms and conditions help you get paid, set out what you're responsible for (and what you're not), and give you something solid to stand on when a customer disputes an invoice. Your privacy policy matters more than it used to as well; even where the Privacy Act doesn't strictly apply, customers increasingly expect it. Businesses are facing increasing scrutiny around how they collect, store and use personal information. A privacy policy copied from another website years ago is unlikely to reflect what you're actually doing today. Following the rise in cyber incidents and data breaches, customers and regulators alike expect businesses to understand what information they hold, how it's protected and who has access to it. If your privacy policy doesn't accurately reflect your practices, it's probably time for a review. 5. Your succession plan and powers of attorney Here's a question most owners avoid: what happens to the business if you can't be there to run it, for a fortnight, or for good? Who signs off on EFT payments & wages? Who deals with the bank? Who makes decisions? Who keeps the lights on? For many businesses, key client relationships, banking authorities and operational knowledge sit with one or two people. If that person suddenly becomes unavailable, the disruption can be immediate. For companies, this usually needs to work alongside your constitution as an attorney can't simply step into a director's shoes, which is why the documents need to be designed together. A properly prepared enduring power of attorney, together with a clear succession plan, can help ensure someone has authority to manage key business affairs if you're unable to do so. It's not a pleasant thing to think about, which is exactly why so few people have it sorted. Before moving on, it is worth asking yourself a few simple questions: Do your ownership documents still reflect your current business structure? Have your employment and contractor agreements been reviewed in the last few years? Have your terms and conditions kept pace with the way your business now operates Does your privacy policy accurately reflect how you collect and use personal information? Would someone know how to keep the business running if you were suddenly unavailable? If you answered "no", or even "I'm not sure", to any of those questions, it may be time for a review. Don't try to fix everything at once. If that list feels like a lot, don't worry. You don't need a full legal audit, and you certainly don't need to do everything at once. Pick one document this quarter and have it reviewed. For most established businesses, ownership documents are often the best place to start because they help protect the thing you've spent years building. Many business owners are surprised by how much has changed since those documents were first signed. A short review now is usually far easier, and far less expensive, than dealing with a problem after it arises. The businesses that handle these issues well are not necessarily the ones with the thickest folders. They are the ones that occasionally stop and make sure their paperwork still reflects the reality of how the business operates today. Not sure whether your key business documents still hold up? Pick one and let our commercial team take a look this quarter. A short review now can save a great deal of trouble later. Contact CJM Lawyers on 1300 245 299 or commercial@cjmlaw.com.au .
By Savannah Barrios
•
30 June 2026
From 1 July 2026, new Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) laws will apply to accounting and legal practices, including CJM Lawyers. These reforms are designed to help prevent financial crime and bring professional service providers into line with obligations already followed by banks and other financial institutions. For certain services, we will be required to verify your identity before we can commence work. Depending on the engagement, we may ask for photo identification, details of the ownership and control of companies or trusts, and, in some cases, information about the source of funds. We may also complete standard screening checks against government and sanctions databases where required by law. If you are an existing client, there is nothing you need to do at this stage. These requirements will generally apply when you engage us for a new matter or service covered by the legislation. When verification is required, our team will guide you through the simple and secure online process. Your privacy remains important to us. Any information collected will be handled securely and used only to meet our legal obligations. If you have any questions about these changes, do not hesitate to reach out to us for further assistance.
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