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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
Insolvency

Abandoned claims and sunk costs: Apportioning costs to reflect ‘wins’ and ‘loses’ in litigation

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...

Published by Chiara Rawlins
19 November, 2018
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
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