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Employment

Recent changes to the Fair Work Act give employees more protection

Employers, particularly franchisors and holding companies, should remain vigilant – the Fair Work Ombudsman is ready to strike. And when it does, the recent changes to the Fair Work Act aimed at protecting vulnerable workers and holding franchisors t...

Published by McCabes News
4 December, 2017
Litigation and Dispute Resolution

Internet rendezvous turns ugly – Thorne v Kennedy [2017] HCA 49

The High Court decision of Thorne v Kennedy [2017] HCA 49, handed down on 8 November 2017, is another reminder of the Court’s power to strike down contracts where one party has been subjected to duress, undue influence or unconscionable cond...

Published by Chiara Rawlins
4 December, 2017
Employment

Court finds it is lawful to detain evidence of Opal card concession

On 14 November 2017 the NSW Court of Appeal held that Mr Le was lawfully detained by police for the purpose of producing evidence of his Opal card concession.   State of New South Wales v Le [2017] NSWCA 290 On 14 November 2017 the NS...

Published by McCabes News
30 November, 2017
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
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