News & Blog

Legal perspectives from our expert lawyers

Filter Insights

Latest insights

Clear filters
Insurance

Suitable flooring and an adequate cleaning system, what else can an occupier do?

In the recent case of Carnemolla v Arcadia Funds Management [2020] NSWCA 308, the NSW Court of Appeal considered the duty of a shopping centre manager to maintain a dry floor surface. Author: Demi McGowan Judgment date: 27 November 2020 Citation: Car...

Published by McCabes News
30 November, 2020
Insurance

A precautionary tale – Bauer Media v Khedrlarian

Can a party be found to have breached a duty of care in the absence of evidence as to specific precautions which should have been taken to obviate or reduce the risk of injury? The Court of Appeal recently explored this issue in Bauer Media v Khedrla...

Published by Leighton Hawkes
22 November, 2020
Commercial

To the letter: the Court’s approach when interpreting trust deeds

A recent decision in the Federal Court of Australia shows the importance of properly considering the particular wording used in a trust deed when exercising a power under it, and the adverse consequences that may flow if the rules of a trust are not ...

Published by Terry McCabe
18 November, 2020
Employment

Two-timing employees: When can you prevent an employee from moonlighting?

These days, it seems like every second person you speak to has a "side hustle".  They're driving a rideshare vehicle, selling essential oils, skincare or make-up, have an artisan stall at the local markets or online, create and deliver Instagram wort...

Published by McCabes News
9 November, 2020
Corporate

Fair Work Commission confirms it has no power to reduce redundancy pay if source of redundancy entitlement arises from an Award or Enterprise Agreement

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...

Published by McCabes News
3 November, 2020
Compulsory Third Party Insurance

Briggs v IAG Limited t/as NRMA Insurance [2020] NSWSC 1318

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...

Published by McCabes News
1 November, 2020
Corporate

COVID19 – Extension of electronic witnessing and signing regulations

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...

Published by Terry McCabe
27 October, 2020
COVID-19

Are your employees entitled to a pay rise from 1 November?

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...

Published by McCabes News
27 October, 2020
Corporate

Preparing for redundancies as JobKeeper payments reduce

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...

Published by McCabes News
30 September, 2020
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