Cheng v Farjudi [2016] NSWCA 316 Background The appellant and the respondent were involved in an altercation at the Parramatta Leagues Club. The appellant was criminally charged for the assault, pleaded guilty and was given a good behaviour ...
Small businesses that enter standard form contracts on or after 12 November 2016 will be protected by a new unfair contract regime. With roughly 70% of all road freight operators having only one employee (and one truck) in their fleet, and therefore ...
A claim against Sunshine Coast Regional Council for misfeasance in public office, trespass and negligence; Do councils and statutory authorities owe a duty of care to ensure officers’ act within power? Mr Cleret was the owner and operator of a resta...
Last month we opened up the discussion about death by discussing the projected death rate in Australia and the importance of keeping your will up to date. In this article we consider a problem that can arise after your death – that is, who ...
One of McCabes embedded values is courage and to openly talk about death requires courage. Given the number of deaths in Australia is projected to double over the next twenty years, we think the time for courage is upon us. With this in mind, the a...
In the recent Fair Work Commission (Commission) decision of Mr James Green v Toll Holdings Ltd [2016] FWC 2790, an employee was ordered to pay his employer’s costs after running away from his own unfair dismissal he...
The New South Wales Court of Appeal in the case of Carangelo v State of New South Wales [2016] NSWCA 126 (Carangelo) recently considered the application of section 5D(2) of the Civil Liability Act 2002 (NSW) (
Australians being paid the National Minimum Wage (NMW) will see an increase of $15.80 per week or 2.4% in wages as a result of the Fair Work Commission (FWC) releasing their annual wage review decision on 31 May 2016...
Forming a view during an investigation as to the significance of findings and likely sanctions against an employee is just common-sense. A recent decision of the Full Bench of the Fair Work Commission (the Full Bench) has further cla...