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Intellectual Property and Technology

Donations & trust fund distributions: the Celeste Barber decision

The case of In the matter of the New South Wales Rural Fire Service & Brigades Donations Fund; Application of Macdonald & Or [2020] NSWSC 604 was handed down on Monday, 25 May 2020 with the Supreme Court advising that the $51 million...

Published by Andrew Lacey
1 June, 2020
Corporate Advisory

NSW Government buys time on development – Lapsing periods, existing use abandonment and appeal rights extended in response to COVID-19

On 13 May 2020, the NSW Government passed the COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Bill 2020 (the Bill).  The Bill introduces several new amendments to the Environmental Planning and Assessment Act 19...

Published by McCabes News
25 May, 2020
Building and Construction

A busy week for wage theft: record penalties imposed and two class actions launched

Yesterday, the Federal Court imposed record penalties of $891,000 against the operators of three Hero Sushi takeaway outlets for underpaying workers and providing false records to the Fair Work Ombudsman (FWO). The decision follows t...

Published by McCabes News
19 May, 2020
Insurance

Don’t let the litigation clock stop: The Limitation Act and Best v Rosamond [2020] NSWCA 90

When does a plaintiff “ought to know” the fact that the injury suffered was sufficiently serious to justify the bringing of an action pursuant to s 50D(1)(c) of the Limitation Act 1969 (NSW). Find out what the Court of Appeal decides in B...

Published by McCabes News
19 May, 2020
Construction

Tropical Cyclone Debbie raises the roof – or does she? A recap on building defects, non-disclosure, waiver and estoppel

Courts will always look to the equitable nature of dealings when determining the operation of an insurance contract. This case note demonstrates how an insurer was later prevented from changing its position on indemnity when it was aware of, and spec...

Published by McCabes News
17 May, 2020
Litigation and Dispute Resolution

Agent’s commission – could a purchaser’s inspection of a property with an agent entitle that agent to the commission?

Often agents claim commission payable to that agent merely as a result of an enquiry that may have been made by a purchaser or a purchaser having inspected the property whilst the property was listed with that agent. But is that enough to entitle the...

Published by McCabes News
14 May, 2020
Commercial

Federal Government announces amendments to the Private Ancillary Fund guidelines

In a bid to incentivise philanthropy during these tough times, the Federal Government is providing credits for Private Ancillary Funds that exceed their minimum yearly distributions (see the announcement here). Private Ancillary Funds (PAFs) are requ...

Published by Terry McCabe
13 May, 2020
Corporate

Can my staff refuse to return to work after COVID-19?

As Australia commences its return to normality, the internet has been abuzz with questions about the return of employees to their workplaces. When will it happen? How will it happen? And, increasingly, can staff refuse to return?   As we trans...

Published by McCabes News
11 May, 2020
Corporate

The ACCC gives the green light to tenants to collectively bargain with landlords

Recently, Australia's key competition and consumer regulator, the Australian Competition and Consumer Commission (the ACCC), granted interim authorisation to tenant retailers to collectively bargain with landlords for rent relief ami...

Published by Chiara Rawlins
11 May, 2020
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