News & Blog

Legal perspectives from our expert lawyers

Filter Insights

Latest insights

Clear filters
Insolvency

Going behind judgment debt bankruptcy context

The decision of the High Court of Australia in Ramsay Health Care Australia Pty Ltd v Compton [2017] HCA 28; 261 CLR 132 (Ramsay) clarified the limits of a Bankruptcy Court's discretion to "go behind" a judgment, that is, to investigate whether the u...

Published by Chiara Rawlins
7 February, 2023
Employment

Paid family and domestic violence leave commencing 1 February 2023

Employers should ensure their employment contracts, leave policies and payroll systems are up to date to comply with the new paid family and domestic violence (FDV) leave entitlement by its commencement on 1 February 2023

Published by Tim McDonald
30 January, 2023
Insurance

Personal injury claims, ‘obvious risks’ and liability

In New South Wales, the Civil Liability Act 2002 NSW (the Act) is the governing legislation that governs the recovery of damages for personal injury caused by the fault of a person. Part 1A of the Act outlines the rules pertaining to negligence, whic...

Published by Peter Miller
12 January, 2023
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

Here are our key tips and tricks for the festive season that all marketing teams, business development managers and office social committees should have front of mind when organising festive season functions.

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
SIGN UP FOR INSIGHTS

Get the latest news direct to your inbox

Please enable JavaScript in your browser to complete this form.
Name
*write "Private Individual" if not a company
Which areas of interest would you like to receive communications about via email from McCabes?
Please select as many options as needed.
If yes, please list these above
I consent to receiving marketing communications from McCabes Lawyers Pty Ltd