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Employment

Secure Jobs Better Pay Bill – Key Amendments: Fixed Term Contracts

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 (the Bill) passed Parliament on 2 December 2022. We held a webinar on 1 December 2022 to highlight some of the change...

Published by Tim McDonald
6 December, 2022
Employment

Tips and tricks for the festive season and investigating employee missteps

The first office festive season in three years is upon us. Over the last few years, social interactions within workplaces have been limited. But that is all behind us with the ease of pandemic related restrictions, social events are back in vogue. C...

Published by Tim McDonald
21 November, 2022
Employment

Navigating flexible working arrangements in a post-pandemic world

Flexibility. The preference of many employees in a post pandemic world appears to be at the very least a 'hybrid' model of working – a mixture between work-from-home (or work-from-anywhere) and work from the office. Over the last almost three year...

Published by Tim McDonald
2 November, 2022
Insurance

Hurdles that must be overcome by motor accident insurers in establishing contributory negligence

Case Note – Zaya v Damirdjian Judgment date: 11 October 2022 Citation: Zaya v Damirdjian [2022] NSWCA 203 Jurisdiction: Court of Appeal, Supreme Court of NSW Before: Bell CJ, Gleeson JA and Griffiths AJA Principles Expert evidence has a limited...

Published by Raissa Galang
26 October, 2022
Litigation and Dispute Resolution

New Bill increases penalties for breaches of Competition and Consumer Law and introduces penalties for breaching Unfair Contract Terms regime

On 28 September 2022, the Federal Government released the Treasury Laws Amendment (More Competition, Better Prices) Bill 2022 (Cth) (Bill), increasing penalties for competition and consumer law.

Published by Chiara Rawlins
26 October, 2022
Private Clients

Debatable but not defeated, the presumption of advancement in the High Court Decision of Bosanac v Commissioner of Taxation & Anor [2022] HCA 34

A common asset protection strategy used by those who engage in high-risk business or provide professional services is to put the matrimonial home in their spouse's name to protect it from the claims of creditors in context of bankruptcy. This practic...

Published by Terry McCabe
25 October, 2022
Insolvency

“No deposit, no interest”: ASIC commences proceedings against Harvey Norman and Latitude for misleading advertising

Last week, the Australian Securities and Investments Commission (ASIC) launched civil proceedings in the Federal Court of Australia against retail giant Harvey Norman Holdings Ltd (Harvey Norman) and its credit-card ...

Published by Foez Dewan
12 October, 2022
Litigation and Dispute Resolution

Hiding in plain sight – Supreme Court finds ‘de facto director’ in breach of statutory duties

The recent case of In the matter of ACN 152 546 453 Pty Ltd (in liq) [2022] NSWSC 974 demonstrates the circumstances in which a person may be regarded as a 'de facto director' and therefore face personal liability for breaching duties owed a...

Published by Andrew Lacey
26 September, 2022
Litigation and Dispute Resolution

Australia’s Construction Industry Collapse

Producing approximately 9% of Australia's gross domestic product, the construction industry generates $360 billion in revenue annually and has been under significant strain in recent months. Insolvency is now one of the biggest issues facing the cons...

Published by Andrew Lacey
20 September, 2022
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