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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...
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...
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...
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...
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