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Employment

Directors of insolvent company evade “insolvency exclusion” for claims made under D&O policy

The Federal Court of Australia in Kaboko Mining Limited v Van Heerden (No 3) [2018] FCA 2055 handed down a significant decision which clarified the operation of "insolvency exclusion" clauses in a D&O liability insurance policy. The issu...

Published by Andrew Lacey
12 March, 2019
Insolvency

Calls for stronger whistleblower protections answered by recent passage of Whistleblower Bill

On 19 February, the Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2018  (the Bill) was passed by both the upper and lower house in Parliament. Significantly, the Bill will amend the Corporations Act ...

Published by Andrew Lacey
7 March, 2019
Employment

Unpaid internships back in the spotlight

McCabes’s Employment Team has published a three-part article series on unpaid internships. The article series explains the relevant law (

Published by McCabes News
4 March, 2019
Employment

Unpaid internships: Part 3 – The implications of getting it wrong

Unpaid internships are often considered a rite of passage for those entering the workforce. But any business looking to engage an intern must ensure that it does so in accordance with the law. This three-part article series explains the relevant law ...

Published by McCabes News
4 March, 2019
Employment

Unpaid internships: Part 2 – Creating a lawful intern arrangement

Unpaid internships are often considered a rite of passage for those entering the workforce. But any business looking to engage an intern must ensure that it does so in accordance with the law. This three-part article series explains the relevant law ...

Published by McCabes News
4 March, 2019
Employment

Unpaid internships: Part 1 – The law as it relates to interns

Unpaid internships are often viewed as a rite of passage for those entering the workforce. But any business looking to engage an intern must ensure that it does so in accordance with the law. This three-part article series explains the relevant law (...

Published by McCabes News
4 March, 2019
Litigation and Dispute Resolution

Getting stuck with the house: can you contract out of section 66G?

It is trite to say that a single piece of land can be owned by multiple co-owners. This may be a couple with a residential home, or business partners with the land they operate their commercial business on. The question of what happens when the co-ow...

Published by Andrew Lacey
27 February, 2019
COVID-19

Do not pass GO, do not collect $200 – Breach of WHS duties met with jail sentences in recent court decisions

Two individuals have recently been dealt jail sentences in circumstances where their contravention of work health and safety (WHS) duties had fatal consequences. The decision to order a custodial sentence in these cases signals an in...

Published by McCabes News
27 February, 2019
Government and Administrative Law

The intersection between directors’ fiduciary duties and the right to recover payment

Insolvency – every director’s biggest nightmare. Under the Corporations Act s 459C, when a creditor serves a statutory demand on a company for an outstanding debt, the company will be presumed insolvent if it fails to comply with, or set asi...

Published by Andrew Lacey
26 February, 2019
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