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Health & Government

Riding into danger: Motocross, track licencing and dangerous recreational activity defences. What is the proper test?

Following a serious accident during a motocross competition event in 2004, a claim was brought against the State of New South Wales (the Office of Sport) as the entity with the statutory obligation to administer the compulsory scheme for licensing al...

Published by Leighton Hawkes
11 March, 2020
Government and Administrative Law

Pick of the litter: Who can be appointed as a liquidator?

Entering into liquidation can be a scary time for any company and its officers, even one which chooses to do so voluntarily. However, the directors, shareholders and creditors of a company entering into liquidation do not have absolute discretion as ...

Published by Foez Dewan
10 March, 2020
Employment

Has the well been poisoned? The Federal Court approves appointment of ‘provisional liquidator’ as ‘liquidator’ despite concerns of impartiality

On 4 February 2020, the Federal Court of Australia considered the circumstances in which it might be said that a provisional liquidator of a company ought not be appointed as the official liquidator because of an alleged "reasonable apprehension ...

Published by Foez Dewan
10 March, 2020
Employment

How much is too much? The Federal Court grants leave to disclaim a Litigation Funding Agreement with an 80% funder’s premium

What makes a contract an unprofitable contract which can be disclaimed by a trustee in bankruptcy without the leave of the Court under section 133(5A) of the Bankruptcy Act 1966 (Cth) (Bankruptcy Act)? Can a litigation fundi...

Published by Andrew Lacey
9 March, 2020
Litigation and Dispute Resolution

The year ahead for directors: what’s in store for 2020?

In our 2019 article "The year ahead for directors: what's in store for 2019", we discussed some of the Federal Government's proposed change...

Published by Andrew Lacey
2 March, 2020
Litigation and Dispute Resolution

The Bell tolls for self-represented law firms seeking to recover costs

In the recent decision of United Petroleum Australia Pty Ltd v Freehills [2020] VSCA 15, the Victorian Supreme Court extended the High Court's decision in Bell Lawyers Pty Ltd v Pentelow (2019) 372 ALR 555 by ruling that self-repres...

Published by Foez Dewan
20 February, 2020
Litigation and Dispute Resolution

Keyboard warriors beware! You may yet be discovered

In recent weeks the Federal Court of Australia has made interlocutory orders in two different sets of proceedings relating to applications for preliminary discovery brought against Google. The applicants are seeking that Google divulge the identities...

Published by Chiara Rawlins
20 February, 2020
Employment

Underpayment of wages – no business is immune

In Australia, there has been increased scrutiny by the Fair Work Ombudsman, the regulator, on employer's underpayment of wages or "wage theft" as it is commonly known. George Calombaris of MasterChef fame, Heston Blumenthal, Subway and supermarket gi...

Published by McCabes News
12 February, 2020
COVID-19

Changes to award annualised wage arrangements

The Fair Work Commission has made changes to some of its modern awards' annualised wage arrangements. The changes come into effect on 1 March 2020. If you are covered by one of the affected awards and have employees under these arrangements, you will...

Published by McCabes News
12 February, 2020
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