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Employment

Commonwealth Redress Scheme for Institutional Child Sexual Abuse: Is $150,000 enough?

On 26 October 2017 Mr Christian Porter, Minister for Social Services, tabled a bill in parliament, the Commonwealth Redress Scheme for Institutional Child Sexual Abuse Bill 2017 (‘the Bill’) to establish legislation for a Commonwealth Redres...

Published by McCabes News
24 November, 2017
COVID-19

Accounting firm penalised $53,880 for its role in client’s breach of workplace laws

Earlier in the year we reported that the Fair Work Ombudsman had successfully prosecuted an accounting firm for its role in a client’s breach of workplace laws. The accounting firm’s penalty has now been determined. It is the first time that the Fair...

Published by McCabes News
24 November, 2017
Litigation and Dispute Resolution

The implied undertaking not to double dip court documents

From time to time, parties to proceedings may be tempted to try and use documents produced in court proceedings for something beyond the scope of the proceedings itself. Sometimes the attempted use may be innocent, but more often it will not. A commo...

Published by Andrew Lacey
22 November, 2017
Litigation and Dispute Resolution

Getting fixed up: when can a house be a chattel and not a fixture?

Most people are familiar with the distinction between a chattel and a fixture when it comes to land. Generally speaking, unless there is anything contrary in the document itself, a contract for the sale of land, or a mortgage, will extend to apply to...

Published by Chiara Rawlins
18 October, 2017
Insolvency

Can the courts of the USA police Australian companies? International reach exceeds jurisdictional grasp

As international trade becomes more common, so do international legal disputes. Where proceedings are commenced against you or your company in a foreign court, but you do not have a physical presence in that country, an important question arises – ca...

Published by Chiara Rawlins
16 October, 2017
Litigation and Dispute Resolution

The law on heartbreak: breaches of contract and marriage

It is unusual for a decision of the Local Court of NSW to garner significant public attention, and even more unusual for any Local Court to have to consider a historically unsettled area of law. But the recently published judgment in Toh v Su

Published by Chiara Rawlins
13 October, 2017
Insolvency

Can an unsent text message amount to a will?

The recent Supreme Court of Queensland case of Nichol v Nichol [2017] QSC 220 reveals a rather tragic story. It also serves as useful example of the relating to informal wills. The deceased, Mark Nichol, was married three times. He became e...

Published by Chiara Rawlins
13 October, 2017
Insolvency

ACCC takes action to throw out rubbish small business contract terms

Introduced in November 2016, new provisions of the Australian Consumer Law prohibit businesses from inserting unfair terms into their standard-form contracts with small businesses. Until now, the new regime hasn’t been put to the test, but this mont...

Published by Andrew Lacey
11 October, 2017
Insolvency

Be intellectual about your property: key IP management tips for start-ups and growing businesses

It goes without saying that entrepreneurs want to grow their business as quickly and effectively as possible. However, many people fail to realise the integral role that intellectual property plays in the formation, expansion and protection of their ...

Published by Andrew Lacey
11 October, 2017
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