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Employment

Putting the theft in “Wage Theft”– criminal sanctions for employers who underpay employees?

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 ...

Published by McCabes News
30 September, 2019
Litigation and Dispute Resolution

Facing the music of the ACCC’s section 155 notice

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...

Published by Chiara Rawlins
23 September, 2019
Employment

It’s not business as usual with the Fair Work Act – a new future for employee rights to take industrial action for climate change issues?

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...

Published by McCabes News
18 September, 2019
Employment

Mind over matter: NSW Court of Appeal emphasises lay evidence over expert medical evidence on the question of testamentary capacity

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 ...

Published by Andrew Lacey
16 September, 2019
COVID-19

A Religious Discrimination Bill – an overview for employers

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...

Published by McCabes News
15 September, 2019
Litigation and Dispute Resolution

Withdrawing unlawful ASIC forms from ASIC’s register: the importance of safeguarding your company’s corporate key and ensuring proper corporate steps are taken to effect your company’s changes

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 ...

Published by Andrew Lacey
12 September, 2019
Insolvency

A costly decision for self-represented solicitors and barristers: High Court rules the “Chorley exception” is not part of the common law of Australia

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...

Published by Foez Dewan
10 September, 2019
Government and Administrative Law

Tender of the amount of a statutory demand before a winding up order is made

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...

Published by Andrew Lacey
10 September, 2019
Government and Administrative Law

Resetting the stopwatch for setting aside statutory demands: how long do you have?

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 ...

Published by Andrew Lacey
10 September, 2019
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