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Legal perspectives from our expert lawyers
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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...
Prior to March 2017, any right to sue that comprised an asset of a bankrupt’s estate could only be litigated by the trustee of the bankrupt. The inability of a trustee to assign a bankrupt’s cause of action resulted in many such actions not being lit...
On 24 July 2018 Mark McVeigh (McVeigh), a 23-year-old, commenced proceedings in the Federal Court of Australia against his super fund, Retail Employees Superannuation Fund Pty Ltd (REST) to require REST to provide hi...
Employers using complex corporate structures to exploit workers beware: the court can, and will, hold directors personally liable for using such structures to avoid their obligations under the Fair Work Act 2009 (Cth). Ba...
The Limitations Act 1969 (NSW) (Limitations Act) establishes time limits within which plaintiffs must commence civil proceedings, including for the recovery of a debt. A failure to bring a claim within the relevant time peri...
In our previous article we discussed how the amendments set out in Farm Debt Mediation Amendment Bill 2018 (NSW) (the Amendments) wi...
The liberal conception of freedom of contract has long been haunted by the spectre that, where there are no rules, the “primitive doctrine that might is right” may reign. To fetter this, laws have been introduced to redress the balance of ne...
What happens if the parties to a contract depart from its terms but then one of them turns around and insists on strict compliance with the contract? Will the contract remain binding or will the parties be held to their new arrangement even if it do...
The question in Pleash (Liquidator) v Tucker [2018] FCAFC 144 (29 August 2018) was whether financial documents of a discretionary trust ought to be produced for the purpose of a liquidator investigating the ability of an examinee (and former...