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Litigation and Dispute Resolution

Say what you mean and mean what you say – memory and evidence of conversations

In two recent decisions, Federal Court of Australia and the New South Wales Court of Appeal clarified the law on admissibility of conversations in affidavits. 

Published by Andrew Lacey
20 July, 2023
Insolvency

High Court confirms liquidators may not rely on the peak indebtedness rule

It is well established that the liquidator of a company may apply to the courts to set aside and recover payments made to creditors of that company to increase the estate's general pool of assets available to all creditors under S. 588FE of the C...

Employment

Key employment rate changes for 2023/2024, effective from 1 July 2023

From 1 July 2023, a number of employment related thresholds increased for the 2023/2024 financial year.

Published by Tim McDonald
3 July, 2023
Insolvency

‘Skippers, Skimmers and Readers’: Google successful against ACCC once again

In June 2016, Google LLC (Google) introduced a notification system where consumers were instructed that Google had added some "optional features". If consumers clicked "I agree", Google would be allowed to combine their personal information obtained ...

Published by Foez Dewan
3 July, 2023
Litigation and Dispute Resolution

Costly choices when making an offer to settle

There are multiple tools available to resolve a dispute both before and after litigation has commenced. This commonly includes either or both of an informal settlement conference (which is generally a commercial approach to ending a dispute conduc...

property

Further scaling back of surcharge land tax and surcharge purchaser duty

In February of this year, Revenue NSW announced a scaling back of the application of surcharge purchase duty and surcharge land tax for citizens (and certain affiliated entities) of New Zealand, Finland, Germany, and South Africa.  We commented on th...

Employment

What’s the go with work on public holidays? Full Federal Court has its say

Decision: CFMMEU v OS MCAP Pty Ltd [2023] FCAFC 51   An interesting decision from the Full Federal Court was published on 28 M...

Published by Barnaby Austin
4 April, 2023
property

Restoring confidence in the residential apartment building sector

The NSW Government has sought to restore a degree of consumer confidence in the residential apartment building sector through the Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 ("RAB Act"). The...

Published by McCabes News
29 March, 2023
property

Agency Agreements – Tips & Tricks

When selling a residential property in NSW, an agent is not entitled to commission or expenses if an agency agreement is not entered into with the vendor. The Property and Stock Agents Act 2002 (NSW) (P&S Act) and the...

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