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Litigation and Dispute Resolution

The ongoing ambiguity in interpreting a contract: what is admissible?

All too often, parties to commercial contracts end up in a dispute as to the meaning of the document. For a number of reasons, from the way a document was drafted to a difference of understanding between the parties, it may become necessary to go to ...

Published by Andrew Lacey
5 December, 2018
Intellectual Property and Technology

Consequences for theft of confidential information soars to new heights

Employees and directors of businesses are often exposed to confidential information and company records that could, if used for the wrong purposes, cause significant damage to the company. All too often, business owners are faced with an employee ta...

Published by Andrew Lacey
3 December, 2018
Litigation and Dispute Resolution

New changes to off-the-plan contracts

The NSW Government has just introduced amendments to the Conveyancing Act 1919  and the Real Property Act 1900  to provide better protection for purchasers who enter into ‘off-the-plan’ property contracts.   These proposed am...

Published by McCabes News
23 November, 2018
Insolvency

War on phoenix activity continues

The federal government has recently established a “Phoenix Hotline” to allow members of the community (particularly creditors, employees and competitors) to report phoenix activity to the ATO, which may trigger an investigation into dishonest directo...

Published by Andrew Lacey
21 November, 2018
Employment

How to respond to requests for flexible working arrangements under the new modern award provisions

Yesterday, the Fair Work Commission confirmed its provisional view1 that all modern awards should be varied to incorporate a ‘model term’ expanding the rights of award covered employees when requesting flexible working arrangements. These ...

Published by McCabes News
21 November, 2018
Insolvency

Abandoned claims and sunk costs: Apportioning costs to reflect ‘wins’ and ‘loses’ in litigation

The decision in Donau Pty Limited (formerly Forgacs Engineering Pty Ltd) v ASC AWD Shipbuilder Pty Limited (No 2) [2018] NSWSC 1589 (Donau v ASC) is a timely reminder of the limitations of an Offer of Compromise in affording a succes...

Published by Chiara Rawlins
19 November, 2018
Employment

Termination payments must now be made within 7 days to most award-covered employees

On 1 November 2018, a new clause was inserted into 89 of the 122 modern awards. This new clause requires employers to make all termination payments to relevant award-covered employees within 7 days of their employment terminating. The change is now i...

Published by McCabes News
18 November, 2018
COVID-19

Flexible working arrangements likely to change for award covered employees

As part of its four-yearly review of modern awards, a Full Bench of the Fair Work Commission (FWC) has handed down its provisional view1 that all modern awards should be varied to incorporate a ‘model term’ expanding the r...

Published by McCabes News
17 October, 2018
Litigation and Dispute Resolution

Initial Action Pty Ltd v Woollahra Municipal Council – A refresher course in written requests for variation of development standards

On 14 August 2018, Preston CJ of the Land and Environment Court of NSW handed down judgment in the matter of Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 (Initial Action).  The Judgment provides an ...

Published by McCabes News
14 October, 2018
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