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Intellectual Property and Technology

December Blitz – ACCC commences proceedings against Lorna Jane, Facebook and Retail Food Group for alleged misleading claims

In the final weeks of 2020, the ACCC announced that it had commenced three sets of proceedings against several large companies for allegedly either making false or misleading representations or engaging in misleading or deceptive conduct.   Th...

Published by Chiara Rawlins
4 February, 2021
Compulsory Third Party Insurance

Decision-makers who resort to literature are not immune from the relevant principles of procedural fairness requiring disclosure and invitation for comment or submission

Is a Review Panel entitled to rely upon medical literature to make a decision that a party has not considered? The Supreme Court provides the answer in Raina v CIC Allianz Insurance Limited. Author: Katherine Teague Judgment date: 25 January 2021 Cit...

Published by McCabes News
4 February, 2021
Corporate

Are your employees entitled to a pay rise from 1 February 2021?

On 1 February 2021, the final phase of the Fair Work Commission's 2019-20 Annual Wage Review will come into effect, increasing minimum pay rates in a number of modern awards, including awards covering those industries impacted by the COVID-19 pandemi...

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

Kogan ordered to pay $350,000 for misleading and deceptive “Tax Time” promotion

In our previous article, we considered the Federal Court decision of Australian Competition and Consumer Commission...

Published by Chiara Rawlins
27 January, 2021
Corporate

A vaccine mandate and the challenges of change…

Can an employer decide to make an influenza (or COVID-19) vaccination an inherent requirement of the role and if so, is this a lawful and reasonable direction?   Protecting the health and safety of clients, colleagues and the community involve...

Published by McCabes News
22 January, 2021
Corporate Advisory

UPDATE: Changes to the COVID-19 insolvency and bankruptcy protections

In March 2020, the Australian Government introduced a suite of changes to the federal insolvency and bankruptcy laws in response to the economic impact of COVID-19. These measures were initially implemented for a six-month period and included increas...

Published by Foez Dewan
12 January, 2021
Insurance

Uninsured working director is not an extended definition worker under section 175

In Greenaway v Prestige Helicopters Pty Ltd [2020] WADC 159 the appellant sought to argue, amongst other things, that an uninsured working director can still nonetheless claim compensation from a “principal” pursuant to section 175(1) of ...

Published by David Burton
17 December, 2020
Insurance

Skiing in a winter wonderland: A dangerous recreational activity?

The NSW Supreme Court has ruled in favour of Perisher Blue, characterising skiing as a ‘dangerous recreational activity’ for the purposes of section 5L of the Civil Liability Act 2005 (NSW) (CLA). This joins a plethora of recent cases tha...

Published by McCabes News
15 December, 2020
Insolvency

Will the Court grant leave to continue proceedings when an association enters voluntary administration before final orders?

The NSW Court of Appeal has recently dealt with the issue of whether leave should be granted to allow proceedings to continue to final orders in a situation where administrators were appointed after publication of the Court's reasons, but before fina...

Published by Foez Dewan
15 December, 2020
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