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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
Employment

Payslips have real and practical importance … in the scheme of industrial law

A recent decision of the Federal Circuit Court of Australia has demonstrated that the increased protections introduced by the vulnerable worker amendments to the Fair Work Act are being applied with real consequences for employers who underpay their ...

Published by McCabes News
24 January, 2018
Insolvency

Keeping it in the family: standing of a trustee in bankruptcy to set aside a financial agreement

1. Section 90K(1)(aa) of the Family Law Act 1975 (Cth) provides that a court may set aside a financial agreement if the court is satisfied that a party to the agreement entered into the agreement for purposes including the purpose o...

Published by Andrew Lacey
12 December, 2017
Commercial

Restraints: Business sale agreements vs. employment contracts

Restraint clauses are not ‘one size fits all’. Typically, courts look less favourably on restraints imposed on an employee than restraints imposed on a vendor to protect the goodwill of a business in a sale. So to be enforceable, restrain...

Published by McCabes News
10 December, 2017
Insolvency

Unfair Contracts – JJ Richards contract terms declared unfair

In its first decision under the new unfair contracts regime that extends to standard form small business contracts, the Federal Court has found several terms to be unfair, and therefore, void. In October we published an

Published by Andrew Lacey
6 December, 2017
Insolvency

When will a liquidator face personal liability for costs?

In certain circumstances, liquidators may be at risk of personal exposure to costs orders in litigation. The court’s approach to the making of costs orders against liquidators depends on (amongst other things) whether the liquidator is a named party...

Published by Andrew Lacey
4 December, 2017
Insolvency

Major Overhaul in Bankruptcy Legislation

On 19 October 2017, the Bankruptcy Amendment (Enterprise Incentives) Bill 2017 was introduced into Parliament by the Commonwealth Government in order to reduce the default period of bankruptcy from three years down to just one year. The stat...

Published by Andrew Lacey
4 December, 2017
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