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Litigation and Dispute Resolution

New Year, New ASIC: embracing the recommendations from the Royal Commission

ASIC has provided an update yesterday on their implementation of Hayne’s Royal Commission recommendations, promising to commit to the 12 recommendations directed at the regulatory body earlier this month in order “to strive for a fair, strong and...

Published by Andrew Lacey
20 February, 2019
COVID-19

A tale of two derogatory comments – when is it bad enough to warrant dismissal?

Two recent decisions in the Fair Work Commission have considered the issue of when an employee can be dismissed for making a derogatory or insulting comment. As these cases highlight, the context in which a comment was said and any past acts of misco...

Published by McCabes News
19 February, 2019
Litigation and Dispute Resolution

Increased penalties for directors as bill passed by Senate

In our article The year ahead for directors: what’s in store for 2019?, we highlighted that one of the developments in store for directors ...

Published by Andrew Lacey
19 February, 2019
Employment

Insolvency practitioners’ remuneration slashed after inadequate reports to creditors

The recent decision of the Federal Court (Besanko J) in Lock, in the matter of Cedenco JV Australia Pty Ltd (in liq) (No 2) [2019] FCA 93 illustrates the critical importance for administrators and liquidators of complying with the requiremen...

Published by Andrew Lacey
19 February, 2019
Insolvency

Beyond the Bottom Line: lessons for all directors coming out of the Banking and Finance Royal Commission

Many directors are familiar with their statutory duty to act in the best interest of their company.  This broad sweeping obligation recently came under review in the Final Report of the Financial Services Royal Commission. Commissioner Hayne was crit...

Published by Andrew Lacey
18 February, 2019
COVID-19

Casual conversion & the National Employment Standards

In our article published last week, we mentioned an update to many Modern Awards, to include provisions giving casua...

Published by McCabes News
15 February, 2019
Insolvency

Breaches of directors’ duties: the High Court’s reach exceeds the limitation period’s grasp

A lightning rod for the attention of commercial lawyers and their clients alike is when proceedings concerning directors’ duties goes to the High Court. The issue in question? Limitation periods. Specifically, at what point do they start ticking? If,...

Published by Andrew Lacey
14 February, 2019
Litigation and Dispute Resolution

Misrepresentations over milk: director held liable for misleading and deceptive conduct

When one thinks of misleading and deceptive conduct, one often thinks of large companies misleading their customers about their products. In those circumstances, it is uncontroversial that the company is to bear the penalty. But what happens if the m...

Published by Andrew Lacey
6 February, 2019
COVID-19

Fair Work amendments prevent casuals from having their cake and eating it too

The introduction of the Fair Work Amendment (Casual Loading Offset) Regulations 2018 (Cth) will effectively alleviate the opportunity for employees, who have been incorrectly classified as ‘casuals’, from double-dipping on their entitlements...

Published by McCabes News
6 February, 2019
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