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Insolvency

Validity Of Holding DOCAs In Doubt

The High Court will consider the validity of “holding” deed of company arrangements (commonly known as “holding DOCAs”) under the Part 5.3A of the Corporations Act (the Act). Holding DOCAs have bee...

Published by Andrew Lacey
2 April, 2018
Commercial

Why lawyers sweat the small stuff: 5 million reasons to include that comma

When it comes to writing an email, a formal letter to a colleague, or even a text message to a friend, the ramifications are generally insignificant. However, in the context of legal drafting, mistakes, however small, can have significant financial c...

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

The consequences for breaching directors duties: what you face when the storm passes

In the latest chapter in the saga concerning the collapse of Storm Financial Ltd, the Federal Court of Australia last week determined what penalties were to be issued to the directors.   Trouble in paradise: the breaches in question St...

Published by Andrew Lacey
27 March, 2018
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
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