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Intellectual Property and Technology

Cassimatis v ASIC – shareholders cannot ratify a breach by the directors of their statutory duty of care and diligence

In March 2020 the Full Federal Court, in a considerably lengthy judgement, dismissed (2-1) an appeal by the former directors of Storm Financial Pty Ltd (Storm), which infamously collapsed in the wake of the Global Financial Crisis in...

Published by Foez Dewan
9 June, 2020
Insurance

Girls night out no “in the course of employment” – Dring v Telstra Corporation Limited [2020] FCA 699

The Appellant, Ms Dring was employed by Telstra. During the week of 13 April 2016, she was in Melbourne attending a series of workshops as part of her employment. On one evening during the week, Ms Dring met a colleague and spent the night socialisin...

Published by McCabes News
4 June, 2020
Intellectual Property and Technology

Court of Appeal confirms that media outlets are ‘publishers’ of defamatory comments made on their Facebook pages by third parties

On 1 June 2020, the New South Wales Court of Appeal handed down the decision of Fairfax Media Publications; Nationwide News Pty Ltd; Australian News Channel Pty Ltd v Voller [2020] NSWCA 102, upholding the finding by a single judge that medi...

Published by Chiara Rawlins
2 June, 2020
Employment

Some “casuals” may get both casual loadings and paid leave

A Full Federal Court decision handed down on 20 May 2020 has upheld the view that casual employees who had a firm advance commitment as to the duration of their employment or the days and hours they would work are in fact permanent employees and are ...

Published by McCabes News
1 June, 2020
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
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