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Legal perspectives from our expert lawyers
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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...
One issue that often comes up in a dispute concerning a loan agreement is whether certain fees, such as termination fees, or establishment fees, have to be paid at settlement. Depending on the circumstances, such a fee may be a penalty, and therefor...
Statutory duties will often include a set limitation period stating how long a party has to bring a claim for breach, often six years. However, equitable claims, such as a breach of fiduciary duties, do not have express limitation periods. Because o...
An accounting firm has failed to convince the Full Federal Court to overturn a finding that it was “involved in” its client’s breaches of workplace laws and was therefore itself taken to have contravened the relevant sections of the Fair Work Act...
The Fair Work Commission has introduced unpaid domestic violence leave into all industry and occupational awards, effective 1 August 2018. Subject to meeting evidentiary requirements, award-covered employees are now entitled to family and domestic v...
It is well known that directors of a company owe fiduciary duties to the company in addition to the statutory duties imposed by the Corporations Act 2001 (Cth). ‘Fiduciary duties’ are often loosely referred to as duties of loyalty a...
The high income threshold has increased to $145,400, effective from 1 July 2018. The Fair Work Commission has released its annual increase to the high income threshold. This threshold affects how modern awards apply to employees and, importa...