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Legal perspectives from our expert lawyers
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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...
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...