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