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Insolvency

You snooze, you lose – Court refuses to reinstate former directors when winding up almost complete

In a recent case, Emmett AJA of the Supreme Court of New South Wales refused to make an order to terminate the winding up of an incorporated association. In this article, we re-examine the principles with which the Court will have regard when determi...

Employment

Klooger v Foodora: FWC delivers decision on employee versus contractor

The Fair Work Commission has ruled in favour of a Foodora rider, finding that he was an employee (not a contractor) for the purposes of the unfair dismissal jurisdiction. In this article, Nicola Martin and Erin Kidd explore the key themes emerging fr...

Published by McCabes News
13 December, 2018
Insolvency

Australian company and its sole director hit with highest penalties ever imposed for breach of the Australian Consumer Law

This article contains a summary of two recent developments in case law and legislation, which significantly increase the penalties that companies and their directors may be liable for misleading and deceptive conduct in breach of the Australian Consu...

Published by Foez Dewan
12 December, 2018
Litigation and Dispute Resolution

Two years later: review of unfair contract protections for small businesses

Over two years ago on 12 November 2016, the unfair contract term protections were extended to small businesses and took effect. The Treasury recently released its discussion paper on the protections and has invited interested parties to provide feedb...

Published by Andrew Lacey
10 December, 2018
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
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