News & Blog

Legal perspectives from our expert lawyers

Filter Insights

Latest insights

Clear filters
Litigation and Dispute Resolution

The concept of reasonable time in contract law: the Court of Appeal resets the clock in Donau v ASC

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...

Published by Andrew Lacey
30 July, 2019
Employment

Workplace surveillance evidence and unfair dismissal: Can big brother be (illegally) watching?

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...

Published by McCabes News
29 July, 2019
Government and Administrative Law

The High Court weighs in: A corporate trustee’s right of indemnity from trust assets is found to be ‘property of the company’

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 ...

Published by Andrew Lacey
26 July, 2019
Litigation and Dispute Resolution

The Laws of Gods and Men: when commercial disputes must be in the domain of secular courts

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 ...

Published by Andrew Lacey
5 July, 2019
Employment

Taking leave of our senses? A new age of leave entitlements

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...

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

The consequences of serving a subpoena: compliance costs must be paid

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...

Published by Andrew Lacey
4 July, 2019
Employment

Key employment rate changes for 2019/20 commence today

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...

Published by McCabes News
30 June, 2019
Litigation and Dispute Resolution

Building stronger foundations – 10 key points for architects and designers about the proposed reforms to the regulation of the building and construction sector

The NSW Government has now (on 26 June 2019) released a discussion paper entitled "Building Stronger Foundations: Implementing the NSW Government Response to the Shergold Weir Building Confidence Report" (the Discussion Paper

Published by McCabes News
28 June, 2019
Litigation and Dispute Resolution

Running feet first into cartel conduct: when jumping the gun can lead to biting the bullet

It is a commercial fact of life that businesses will seek to merge with each other. Combining the efforts and resources of two previously separate competitors in an industry can lead to a more successful business. However, the businesses must be well...

Published by Andrew Lacey
23 June, 2019
SIGN UP FOR INSIGHTS

Get the latest news direct to your inbox

Please enable JavaScript in your browser to complete this form.
Name
*write "Private Individual" if not a company
Which areas of interest would you like to receive communications about via email from McCabes?
Please select as many options as needed.
If yes, please list these above
I consent to receiving marketing communications from McCabes Lawyers Pty Ltd