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Corporate

National update on the Mandatory Code of Conduct – Commercial Leases

The much anticipated National Cabinet Mandatory Code of Conduct for commercial leases (including retail, office and industrial) has been revealed. It is now up to each State and Territory to pass the relevant legislation to give effect to the rent re...

Published by McCabes News
9 April, 2020
Employment

Has the well been poisoned? The Federal Court approves appointment of ‘provisional liquidator’ as ‘liquidator’ despite concerns of impartiality

On 4 February 2020, the Federal Court of Australia considered the circumstances in which it might be said that a provisional liquidator of a company ought not be appointed as the official liquidator because of an alleged "reasonable apprehension ...

Published by Foez Dewan
10 March, 2020
Employment

How much is too much? The Federal Court grants leave to disclaim a Litigation Funding Agreement with an 80% funder’s premium

What makes a contract an unprofitable contract which can be disclaimed by a trustee in bankruptcy without the leave of the Court under section 133(5A) of the Bankruptcy Act 1966 (Cth) (Bankruptcy Act)? Can a litigation fundi...

Published by Andrew Lacey
9 March, 2020
Employment

Underpayment of wages – no business is immune

In Australia, there has been increased scrutiny by the Fair Work Ombudsman, the regulator, on employer's underpayment of wages or "wage theft" as it is commonly known. George Calombaris of MasterChef fame, Heston Blumenthal, Subway and supermarket gi...

Published by McCabes News
12 February, 2020
Employment

High Court of Australia clarifies whether property held by a bankrupt on trust for another vests in the bankrupt’s trustee

In the recent decision of Boensch as Trustee of the Boensch Trust v Scott Darren Pascoe [2019] HCA 49, the High Court has clarified whether property held by a bankrupt on trust for another vests in the bankrupt's trustee in bankruptcy, and t...

Published by Foez Dewan
17 December, 2019
Employment

The Fair Work Commission’s Annual Report for Financial Year 2018-19: What employers need to know

The Fair Work Commission's (FWC) annual reports provide employers with insight into the emerging trends in the field of employment law. With the release of the report for the 2018-2019 financial year, employers are encouraged to have...

Published by McCabes News
28 October, 2019
Employment

Navigating flexible working arrangements in a post-pandemic world

Flexibility. The preference of many employees in a post pandemic world appears to be at the very least a 'hybrid' model of working – a mixture between work-from-home (or work-from-anywhere) and work from the office.

Published by Tim McDonald
10 October, 2019
Employment

Putting the theft in “Wage Theft”– criminal sanctions for employers who underpay employees?

Earlier this month, the Attorney-General's Department released two discussion papers, commissioned by the Prime Minister, investigating current issues in the industrial relations system. One of the discussion papers concerned whether there should be ...

Published by McCabes News
30 September, 2019
Employment

It’s not business as usual with the Fair Work Act – a new future for employee rights to take industrial action for climate change issues?

On 16 September 2019, Adam Bandt MP, Federal Member for Melbourne, introduced the Fair Work Amendment (Stop Work to Stop Warming) Bill 2019 (the Bill) in the House of Representatives. The Bill seeks to establish "beyond doub...

Published by McCabes News
18 September, 2019
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