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Legal perspectives from our expert lawyers
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In April this year, the Fair Work Commission (FWC) published two contrasting decisions regarding applications by employers to reduce the amount of redundancy pay due to their incapacity to pay. These decisions were the first two of t...
Is procedural fairness denied if a Claimant is not put on notice that a decision maker will be relying on introduced information to draw an adverse conclusion about their claim? The Supreme Court of New South Wales provides the answer in Briggs v NRM...
In previous articles1, we have discussed the implementation of NSW and Commonwealth regulations on the execution of documents during COVID-19 including how to sign and witness documents by audiovisual link. Remote execution of documents h...
The second tranche of award rate increases for FY20/21 will commence from the first full pay period on or after 1 November 2020. Employers with employees covered by the modern awards affected by this change must ensure that they review pay rates to a...
Another round of job cuts is likely imminent with JobKeeper 1.0 having come to an end on Sunday. Letting staff go is never easy, but during the midst of this global pandemic it may be necessary for many businesses trying to stay afloat. Although ma...
Temporary changes to insolvency laws to provide businesses with added protections following the outbreak of Covid-19 were due to expire on 25 September 2020, but have now been officially extended until 31 December 2020. The Corporations ...
Upon bankruptcy, section 60(2) of the Bankruptcy Act 1966 (Cth) (Act) operates to protect those whom the bankrupt was suing, by staying the proceedings until such time as the trustee in bankruptcy elects whether to continue ...
With many retailers now predominantly relying on online sales promotions to generate market interest, the decision of Australian Competition and Consumer Commission v Kogan Australia Pty Ltd [2020] FCA 1004, serves as a timely reminder to re...
If a company in liquidation makes a payment to an unsecured creditor during or prior to entering into liquidation, the liquidator may flag that transaction and if necessary, seek a determination from the Court that the payment is an 'unfair preferenc...