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Case Studies
The Cornwell Case
In 2007, after litigation, Snedden Hall & Gallop was successful in an important
and acclaimed case that came before the High Court in the matter of Cornwell v.
Commonwealth of Australia.
The firm acted for Mr John Cornwell, a former Commonwealth Government employee who
had been told that he was ineligible to join the Commonwealth superannuation fund
because he was a blue-collar worker. As a result, Mr Cornwell did not join the fund
for many years.
Snedden Hall & Gallop brought a claim for damages for Mr Cornwell against the
Commonwealth Government. The government defended the claim and after Mr Cornwell
was successful in the ACT Supreme Court, the government appealed in the High Court,
where Mr Cornwell was again successful.
Since then, Snedden Hall & Gallop has been assisting other former, and current,
employees with similar matters. Most of those affected were also blue-collar workers
who worked in areas such as forestry, transport, and parks and gardens. Eleven matters
are scheduled for hearing in the ACT Supreme Court in November 2009 with another
100 or so cases waiting in the wings.
Recently the Commonwealth Government agreed to deal with other matters through mediation
(which satisfactorily resolved some of the associations ’ claims), and it is hoped
that a similar approach will be taken with many of the future claims.
One of the major issues in each of the claims is the limitation period, making it
essential for anyone considering a claim to seek legal advice early.
Overseas workers
Snedden Hall & Gallop has an experienced team of Migration Agents who have helped
many associations negotiate the complicated and confusing Australian immigration
system and laws.
The team recently aided a high profile Canberra business with some complex international
issues (including the breakdown of order in Zimbabwe) so that the overseas workers
it wanted to employ could enter the country.
Snedden Hall & Gallop is finding that an increasing number of associations have
attempted to “go it alone” without the help of a migration agent and have found
themselves lost in an imbroglio of confusing regulations and policy.
Human rights
The ACT Human Rights Act and Discrimination Act have created a system of law that
is unique in Australian jurisdictions.
As a result, a number of Canberra businesses have turned to Snedden Hall & Gallop
for the expert assistance of its Migration Team in comprehending their obligations
under the Act and, where necessary, to respond to, and resolve, disputes arising
out of them. This has included allegations of discrimination in the course of employment
and in the provision of services.
Snedden Hall & Gallop’s Migration Team has a strong record of helping its associations
reach practical, commercial solutions to what can be drawn-out and costly disputes.
Deadlock order
Snedden Hall & Gallop has recently secured a successful result for a local Canberra
business under the cumbersome Unit Titles Act 2001 (“Act”).
The client (“owner 2”) was forced to apply to the ACT Magistrates Court for a “deadlock
order” because the other member (“owner 1”) of a two-member owners’ corporation
had, for a number of years (including before owner 2 had purchased its unit), placed
tables and chairs on the common property. Owner 1 had done this without permission
of the owners’ corporation, thus taking a benefit in preference to owner 2. Negotiations
within the owners’ corporation were unable to resolve the matter and owner 2 sought
a deadlock order. The order was granted, and owner 1 was forced to remove its tables
and chairs and to pay costs.
Employment contracts
Employment law in Australia is ever changing and evolving, and it can be difficult
for businesses to ensure that their employment arrangements are compliant with the
law. Snedden Hall & Gallop assists businesses by identifying their industrial
relations needs, and providing contracts and advice to ensure compliance with the
Fair Work Act.
One of Snedden Hall & Gallop’s long-standing associations was recently audited
by a government body. Because the client had been working continuously with Snedden
Hall & Gallop over the last decade to keep their employment arrangements up-to-date,
what can be a stressful and potentially expensive process was problem free.
Investing early in establishing the correct employment arrangements can save money,
stress, and the potential embarrassment of prosecution.
Copyright protection
Snedden Hall & Gallop has recently assisted a small business to protect copyright
associated with services provided by its business.
The client became aware that an organisation was reproducing images from its website
without authorisation, which is unlawful under the Copyright Act 1968. We assisted
the client by contacting the organisation, and, through correspondence, were able
to achieve a positive outcome for our client in a short amount of time without the
need for litigation. Not only did the copyright infringer agree to refrain from
making further reproductions, but they also agreed to pay our client’s legal fees
in full.
Being proactive and serious about your copyright protection can lead to quick and
relatively inexpensive solutions. Seek advice from our Intellectual Property team
today to ensure you are taking the necessary steps to protect your ideas.
Intellectual Property
Recently a client asked us to undertake the registration of a trademark that it
had been using for some years. The initial response from IP Australia was that initially
it could not be approved because of the significant numbers of trademarks which
had at least one of the names of the proposed trademark.
Following a consultation with the client and receipt of its details surrounding
the history and use of the proposed trademark, we were able to make submissions
to IP Australia to show that both the class of trademark proposed and the use of
the trademark was significantly different from the existing registered trademarks,
so as not to create confusion in the mind of the public. Consequently, the decision
was reversed and subject to advertising, the trademark was cleared for registration.
Probate application
We successfully applied to the ACT Supreme Court for a special order to allow us
to obtain a grant of probate for a will which, on it’s face, was not legally valid.
The testator in this matter had been seriously ill and duly attended a solicitor
to have a will prepared. The will was prepared by the solicitor in draft form and
sent to the testator. The testator made a number of hand-written changes to the
draft will, intending to return to the solicitor to have the changes made and to
then execute the will. Unfortunately, the testator’s health rapidly deteriorated
and he was unable to finalise his will before he died. In the days before his death,
the testator verbally confirmed to his son that the draft will incorporating the
handwritten changes reflected his wishes for his final will, however, the testator
was simply too weak to be able to sign the will and have his signature properly
witnessed. We made successful submissions to the Court that the testator’s intentions
were clear, despite the failure of the will to meet the legal formalities, and the
Court made special orders giving effect to the testator’s intentions.
International Estate Planning
International issues in estate planning are becoming more prevalent in today’s global
community. It is not just high net worth individuals who have assets or interests
outside of Australia. We are experienced in ensuring our client’s international
estate planning requirements are attended to. Recently, we prepared an Australian
Will for a foreigner who, while resident in another country, had investments in
Australia. Our client’s circumstances meant that he needed two Wills, one to deal
specifically with his Australian assets and another to deal with his interests abroad
in the US and in Spain. We worked together with our client’s solicitor in the US
to ensure our client’s overall estate planning needs were met.
Two Wills in two different jurisdictions is not something that is commonly done
but nonetheless entirely possible and certainly appropriate in the right circumstances.
Wherever two Wills are being prepared, it is important that good legal advice is
obtained because there are potential traps that need to be avoided. For example,
great care must be taken to ensure the Wills in the different jurisdictions do not
inadvertently revoke each other.