News & Blog

Legal perspectives from our expert lawyers

Filter Insights

Latest insights

Clear filters
Employment

Would President Trump’s tweet that fired the United States’ Secretary of State, fly in Australia?

President of the United States, Donald Trump, fired his Secretary of State, Rex Tillerson, by tweet. It has been reported that Mr Tillerson learned his fate via the social media platform, which restricts messages to 280 characters or less. Althoug...

Published by McCabes News
26 March, 2018
COVID-19

Can an employee’s personal use of social media amount to grounds for dismissal?

A brief look at decisions involving termination of employment for conduct involving social media reveals that employers often take swift disciplinary action following what they consider to be inappropriate conduct on social media by an employee. Howe...

Published by McCabes News
8 March, 2018
COVID-19

Education provider learns the hard way: A lesson in maximum term contracts – Saeid Khayam v Navitas English Pty Ltd t/a Navitas English [2017] FWCFB 5162

A recent decision of the Full Bench of the Fair Work Commission means employers can no longer rely on maximum term contracts as absolute protection from unfair dismissal claims. The Full Bench of the Fair Work Commission has handed down a decision t...

Published by McCabes News
7 March, 2018
Litigation and Dispute Resolution

Should climate change risks be on a director’s radar?

Insights from legal professionals and company regulators suggest that company directors should consider and respond to the risks posed by climate change as part of their duty to act with care, skill and diligence. The recent proceedings com...

Published by Andrew Lacey
5 March, 2018
Litigation and Dispute Resolution

Statutory liability as a director: Part 2

In Part 1 of this two-part series, we looked at how you can be personally liable as a director for your company’s breach of taxation laws, company laws, and workplace laws. We also considered the ways in which directors may be held accessorily liable...

Published by Andrew Lacey
20 February, 2018
Litigation and Dispute Resolution

Supreme Court of NSW rejects an expert accountant’s apparent need for certain documents: Secure Logic Pty Ltd v Noble [2017] NSWSC 1545

The interlocutory decision referred to below is an important reminder to all practitioners that when an expert witness claims to require access to certain documents to complete his or her report this should not necessarily be taken as gospel, and the...

Published by Andrew Lacey
13 February, 2018
Litigation and Dispute Resolution

The duty of good faith and reasonableness: too much pizza, too little dough

The obligation to act with “good faith and reasonableness” is a relatively modern, and continually evolving, area of contract law. This principle recently received some further consideration from the Federal Court of Australia in a legal battle conce...

Published by Andrew Lacey
11 February, 2018
Litigation and Dispute Resolution

Statutory Liability as a Director: Part 1

Navigating the array of laws that impact on every facet of your company’s business can be a minefield. This two part series has a focus on some of the statutes that can impact upon you and your company, and ways to limit your personal exposure to lia...

Published by Andrew Lacey
8 February, 2018
Litigation and Dispute Resolution

Not so super funds: The curious case of Baltins

An underappreciated fact when it comes to estate planning is that the monies held in a superannuation fund do not automatically form part of a person’s estate. Whilst in practice this can be an academic point for many executors managing an estate, if...

Published by Andrew Lacey
8 February, 2018
SIGN UP FOR INSIGHTS

Get the latest news direct to your inbox

Please enable JavaScript in your browser to complete this form.
Name
*write "Private Individual" if not a company
Which areas of interest would you like to receive communications about via email from McCabes?
Please select as many options as needed.
If yes, please list these above
I consent to receiving marketing communications from McCabes Lawyers Pty Ltd