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Legal perspectives from our expert lawyers
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A party to a contract may be precluded from enforcing a contractual right if it has acted in a way that is clearly inconsistent with that right. This is known as the doctrine of election. Last Friday the New South Wales Court of Appeal applied the pr...
In December last year, we reported on a Federal Court judgment ordering costs against a non-party director for his unreasonable conduct to materially influence the conduct of a company involved in the winding up of the company. You can read the artic...
It is trite to say that a contract sets out various rights and obligations that the parties to it have. Generally, contracts will specify when these rights have to be exercised or obligations have to be performed. But what if the contract is...
As the sophistication and quality of surveillance technology continues to grow, there is increasing debate about the place of this technology in the workplace, and the appropriateness of using it to monitor employees. While the Workplace...
On 19 June 2019, the much-anticipated High Court appeal in the matter of Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth [2019] HCA 20 (also known as the "Amerind appeal") was handed down. The decision resolves ...
The Court of Appeal has recently affirmed a decision to hold a religious tribunal guilty of contempt of Court for trying to pressure one of its adherents into submitting to its jurisdiction for a commercial dispute, as opposed to bringing a claim in ...
In the age of unprecedented workforce mobility, employers are going to new lengths to be an 'employer of choice'. As a result, employees are enjoying more benefits and flexibility than ever before. Salary packages often include gym memberships, heal...
Parties to litigation often fire off subpoenas to third parties seeking the production of documents. These subpoenas may seek voluminous documents. The subpoenaed party may often feel that they do not have appropriate redress available in ensuring th...
On the first day of the new financial year, employers should take note of the new rates in respect of the national minimum wage, high-income threshold, compensation cap, maximum superannuation contribution base and genuine redundancy tax-free cap, al...