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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...
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...
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...
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...
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 ...
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...
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...
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...
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 ...