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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
Employment

Penalty rates increased for casuals in the retail industry

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...

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

Learning to share in the share economy – proposed reforms to regulate short term rental accommodation in NSW

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 (

Published by McCabes News
10 October, 2018
Government and Administrative Law

Validity of holding DOCAs confirmed by High Court of Australia

In a previous article (which can be viewed here), we discussed the High Court’s grants of special leave ...

Published by Andrew Lacey
24 September, 2018
Government and Administrative Law

Respond to creditors’ demands, stat!

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 ...

Published by Foez Dewan
20 September, 2018
Insolvency

Priority disputes and insolvent trading trusts: High Court of Australia grants special leave

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...

Published by Andrew Lacey
19 September, 2018
Employment

Navigating the Small Business Fair Dismissal Code

The Full Bench of the Fair Work Commission has made an important ruling regarding the Small Business Fair Dismissal Code, confirming that small business employers must give their employees an opportunity to respond to a warning prior to their dismiss...

Published by McCabes News
18 September, 2018
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