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Litigation and Dispute Resolution

Pursuing private claims through public examinations: High Court extends the permissible range of ‘eligible applicants’

Recently, the High Court of Australia in Walton v ACN 004 410 833 Limited (formerly Arrium Limited) (in liquidation) [2022] HCA 3 ('Walton')...

Published by Andrew Lacey
6 March, 2022
COVID-19

Employee or independent contractor? High Court provides guidance.

On Wednesday the High Court delivered two long awaited decisions on determining whether a worker is an employee or an independent contractor. The decisions in CFMMEU v Personnel Contracting Pty Ltd [2022] HCA 1 (CFMMEU v Personnel Contra...

Published by Tim McDonald
11 February, 2022
Insurance

High Court provides clarification on the rental of prestige vehicles

Introduction On 8 December 2021 the High Court delivered their decision in Arsalan v Rixon and Nguyen v Cassim. The decisions were appealed from the New South Wales Court of Appeal, and each relate to the situation where an insured driver has caused ...

Published by McCabes News
22 December, 2021
Litigation and Dispute Resolution

McCabes News: McCabes promote 14 across firm

It is with great pleasure that McCabes announce promotions effective 1 January 2022 across the firm. We wish to congratulate: 

Published by McCabes News
15 December, 2021
Litigation and Dispute Resolution

The minefield of moderating comments: High Court decision has major implications for publications on social media

Recently, the High Court of Australia in Fairfax Media Publications; Nationwide News Pty Ltd; Australian News Channel Pty Ltd v Voller [2021] HCA 27, upheld the decision of the NSW Court of Appeal that media and news companies were "publishe...

Published by Foez Dewan
14 December, 2021
Corporate

Mandatory Covid-19 Vaccination Test Case: the importance of consultation

On 3 December 2021, a five-member full bench of the Fair Work Commission (FWC) deemed that a vaccine mandate introduced by BHP at its Mt Arthur Coal...

Published by Tim McDonald
6 December, 2021
Compulsory Third Party Insurance

The duty of Medical Assessors and Review Panels to ensure procedural fairness.

Introduction Claimants and insurers alike may utilise section 7.26 of the Motor Accident Injuries Act 2017 (‘the Act‘) to refer a medical assessment decision to a panel for review. During such a review, a medical panel has a duty to not o...

Published by McCabes News
29 November, 2021
Litigation and Dispute Resolution

Leave small businesses “a loan”: Federal Court declares unfair terms in Bank of Queensland finance contracts with small businesses

Upon application from ASIC, the Federal Court has determined that several terms contained within Bank of Queensland's (BoQ) small business contracts are unfair. This decision follows on from a suite of government reforms passed in 2...

Published by Andrew Lacey
8 November, 2021
Corporate

Latest Cases on COVID-19 Measures: Guidance for Employers

In response to the outbreak of COVID-19, governments in the various states and territories of Australia have enacted public health orders to minimise the risk of further transmission of the virus. Following the making of these public health orders, e...

Published by Tim McDonald
7 November, 2021
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