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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
Insurance

Working from home – the scope of ‘in the course of employment’

It is an enticing thought for a day’s work to consist of answering a few work emails between dips in the pool and the next banana daiquiri. But, if you slip on the banana peel whilst walking from your computer to the pool, do you have a valid w...

Published by McCabes News
10 February, 2020
Litigation and Dispute Resolution

Rise and shine! What should you do in the event of a “Dawn Raid” from the ACCC

The ACCC has express powers to conduct civil searches of your businesses. That is, if a warrant is granted, they can enter and search the premises and seize documents and materials. These searches, otherwise known as "Dawn Raids," can cause a great d...

Published by Chiara Rawlins
4 February, 2020
Litigation and Dispute Resolution

Misleading and deceptive conduct? Trivago

Many Australians would be familiar with Trivago. Simple but memorable marketing campaigns have encouraged consumers to think "Hotel? Trivago" when planning their travel. However, the Trivago brand may be on track to be memorable for a very different ...

Published by Andrew Lacey
28 January, 2020
Litigation and Dispute Resolution

Not seeing through its charitable promises? The ACCC takes national eyewear retailer to court

National competition and consumer watchdog, the Australian Competition and Consumer Commission (the ACCC) has commenced proceedings in the Federal Court against national eyewear retailer, Oscar Wylee Pty Ltd (Oscar Wylee

Published by Chiara Rawlins
21 January, 2020
COVID-19

Covert recording of performance management and disciplinary meetings

Performance management and disciplinary meetings are often confronting for employees. Unfortunately, they can become acrimonious affairs, and employees may lose trust in the managers or other personnel involved. To the employee, it may be important t...

Published by McCabes News
21 January, 2020
Insurance

Insurer’s faultless claims conduct ends in successful defence of claim

McCabes acted on behalf of Allianz in successfully defending the proceedings brought by the Insured for alleged breach of contract and alleged damages of almost $1.6 million. Allianz had elected to undertake repair of damage caused by the insured eve...

Published by McCabes News
9 January, 2020
Employment

High Court of Australia clarifies whether property held by a bankrupt on trust for another vests in the bankrupt’s trustee

In the recent decision of Boensch as Trustee of the Boensch Trust v Scott Darren Pascoe [2019] HCA 49, the High Court has clarified whether property held by a bankrupt on trust for another vests in the bankrupt's trustee in bankruptcy, and t...

Published by Foez Dewan
17 December, 2019
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