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Legal perspectives from our expert lawyers
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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...
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...
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...
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 ...
Casual employees in the retail industry will be entitled to increased penalty rates, following a decision by the Full Bench of the Fair Work Commission (FWC) as part of its four-yearly review of the General Retail Industry Award 2010. Under...
On 5 October 2018 the NSW Department of Planning released an Explanation of Intended Effect describing changes proposed to the planning framework to create a state-wide consistent framework for the permissibility of short term rental accommodation (
In a previous article (which can be viewed here), we discussed the High Court’s grants of special leave ...
A company’s non-compliance with a statutory demand is the most common method of proving its insolvency in any winding up proceedings. Generally, if it does not make good the debt under the statutory demand within 21 days of service, the company will ...
The last few years have seen the Commonwealth increasingly crack down on misuse of the Fair Entitlements Guarantee, or FEG, program. The cases that have resulted have led to various disputes in insolvency law about the priorities of different credito...