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Earlier this month, the Attorney-General's Department released two discussion papers, commissioned by the Prime Minister, investigating current issues in the industrial relations system. One of the discussion papers concerned whether there should be ...
In June, the Australian Competition and Consumer Commission (ACCC) published its guideline on section 155 notices entitled "ACCC guidelines – Use of section 155 powers" (Guideline). The Guideline provides useful info...
On 16 September 2019, Adam Bandt MP, Federal Member for Melbourne, introduced the Fair Work Amendment (Stop Work to Stop Warming) Bill 2019 (the Bill) in the House of Representatives. The Bill seeks to establish "beyond doub...
How do you determine whether a person had testamentary capacity at the moment they prepared their will? In Drivas v Jakopovic [2019] NSWCA 218, such a dispute made its way to the NSW Court of Appeal. The Court had to balance the evidence of ...
On 29 August 2019, the Federal Government released an exposure draft of its proposed Religious Discrimination Bill for public submissions (the Bill). The Bill seeks to establish a Commonwealth Act prohibiting religious discrimination...
What happens if there is an internal dispute within a company and ASIC forms are lodged without officeholder or member consent to change the company details of the company on the ASIC register? As was recently held by Black J of the Supreme Court of ...
In the recent decision of Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29, the High Court ruled the Chorley exception, which allows self-represented litigants who are solicitors to recover costs incurred for their professional service...
It is well known that a company served with a statutory demand has 21 days to comply. If the recipient fails to pay the amount of the demand (or obtain a court order extending the period for compliance) within the period of 21 days after the demand i...
Like many areas of insolvency law, statutory demands have strict procedural requirements as to the timing by which documents must be served. But how is the passage of time calculated? If something is required to be done "21 days after" a document is ...