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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 ...
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...
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...
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...
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...
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...
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...
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...
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...