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COVID-19

Burning out procedural fairness: gross misconduct & unfair dismissal

All too often in unfair dismissal proceedings, a finding will be made by the Fair Work Commission (FWC) that an employee’s dismissal was harsh, unjust or unreasonable even where an employee’s wrongdoing, which formed the basis of their termination, i...

Published by McCabes News
29 May, 2019
Employment

Uber: the need to drive towards greater global regulation

The National Labor Relations Board, a United States’ equivalent of Australia’s Fair Work Commission (FWC) combined with the Fair Work Ombudsman (FWO), recently found that Uber drivers are independent contractors and ...

Published by McCabes News
24 May, 2019
Estate Planning

Know your function! Receiver gets hammered by Court for acting outside scope

In the recent case of In the matter of Gondon Five Pty Limited and Cui Family Asset Management Pty Limited [2019] NSWSC 469, the New South Wales Supreme Court (Brereton J) considered the purpose and scope of an appointment as receiver to a c...

Published by Foez Dewan
21 May, 2019
Government and Administrative Law

New laws proposed by government to combat “sharp corporate practices”

Originally introduced in September 2018 and passed by both Houses of Parliament in April 2019, the Corporations Amendment (Strengthening Protections for Employee Entitlements) Bill 2018 seeks to deter corporate employers from avoiding their ...

Published by Andrew Lacey
20 May, 2019
Employment

Israel Folau’s religious football: what comes next?

On 17 May 2019, news broke that Israel Folau, a professional Australian rugby player, had been dismissed by Rugby Australia over a controversial religious Instagram post last month. The post singled out gay people, among others, and suggested that th...

Published by McCabes News
20 May, 2019
Litigation and Dispute Resolution

Retuning the franchise sector: Ultra Tune ordered to pay a $2.6 million penalty

The Federal Court decision of Australian Competition and Consumer Commission (ACCC) v Ultra Tune Australia Pty Ltd [2019] FCA 12 sent shockwaves through the franchise sector after imposing a $2.604 million penalty against national franchisor...

Published by Foez Dewan
14 May, 2019
Insolvency

Directors, take note: Increased penalties under Corporations Act are now law

As reported in our article The year ahead for directors: what’s in store for 2019, the Federal Government presented the Treasury Laws Amend...

Published by Andrew Lacey
13 May, 2019
Litigation and Dispute Resolution

Partner in (fighting) crime: ACCC welcomes new alliance with FBI

The ACCC has welcomed a new alliance with the United States Federal Bureau of Investigation (FBI) as of April 2019. The ACCC announced on 15 April 2019 that the ACCC and FBI have signed a Memorandum of Cooperation (the Memora...

Published by Foez Dewan
8 May, 2019
Litigation and Dispute Resolution

Viagogo faces the music: ticket reseller found guilty of breaching the ACL by engaging in misleading or deceptive conduct

In a recent decision of Australian Competition and Consumer Commission v viagogo AG [2019] FCA 544, the Federal Court of Australia has found that online ticket reseller Viagogo had engaged in four misrepresentations that were misleading or w...

Published by Foez Dewan
7 May, 2019
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