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Legal perspectives from our expert lawyers
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The Fair Work Commission's 2019/20 Annual Wage Review decision has now been handed down. A majority of the Expert Panel for annual wage reviews (Panel) noted that this review was undertaken during a global pandemic, with the...
Is a worker entitled to be back-paid weekly benefits if they are assessed as having permanent impairment of more than 20% after their benefits cease under s 39(1) of the Workers Compensation Act 1987? The Court of Appeal examined this point of law in...
Suppliers of goods often rely upon retention of title clauses to preserve their goods in the event the purchaser defaults on any aspect of the supply agreement. However, how enforceable are these provisions when the purchaser enters into administrat...
In February 2020 a former director of the Kleenmaid Group of companies became the first person to be sentenced to imprisonment for insolvent trading as a shadow director. Andrew Young was sentenced to 3 years' imprisonment for criminal insolvent trad...
When a person is declared a bankrupt, certain liberties are taken away from that person. One restriction includes a prohibition against travelling overseas unless the approval has been given by the bankrupt's trustee in bankruptcy. This issue was rec...
In the recent decision of Defteros v Google LLC [2020] VSC 219, the Supreme Court of Victoria held search engine Google liable for "publishing" defamatory material. In doing so, the decision has extended the reach of defamation to encompass ...
Is a Claims Assessor obliged to give reasons for accepting or declining an application for discretionary exemption? The Supreme Court provides the answer in Insurance Australia Ltd t/as NRMA Insurance v Wannous. Author: Michael Li Judgment date: 9 Ju...
Officers of corporations, such as directors, owe various duties to their company and can be held personally liable in the event of a breach. This includes duties to avoid insolvent trading, a duty of care and skill, good faith, and to keep books and ...
Is a claimant who seeks statutory benefits under the Motor Accident Injuries Act 2017 entitled to costs in excess of those fixed by the Regulations? The Supreme Court of NSW provided the eagerly‚Äëawaited answer in AAI Limited v Moon. Author: Andrew ...