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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
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
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