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Parties to commercial transactions often enter into short preliminary agreements which are commonly referred to as heads of agreement, lease proposals, letters of intent and memorandums of understanding. These agreements are usually not enforceable ...
There is a common misconception that oral discussions do not give rise to binding agreements, however, provided the essential elements of a contract exist, oral conversations can form binding agreements, and a court will apply an objective test as to...
In a recent case before the NSW Supreme Court (352 Bourke Street Pty Limited as Trustee for 352 Bourke Street Unit Trust v Kerry Gai Rhall), Emmett J was tasked with determining the scope of the nascent “sunset date” provisions introduced in...
Can an employee engaged to work overseas still bring a claim in Australia? Are employees overseas covered by Australian industrial instruments? These and other questions are answered in our 5 key lessons for employers with a global workforce.
Author: Amy Joyce Judgement Date: 4th August, 2017 Citation: Little v Allianz Australia Insurance Limited [2017] NSWSC 1024
On 8 August 2017, Minister for Planning and Housing, Anthony Roberts, and Minister for Local Government, Gabrielle Upton, announced that the NSW State Government will introduce a Bill to make Independent Hearing and Assessment Panels (IHAPs
Employers should plan ahead regarding the conversion of long-term casual employees to permanent full or part time employment. The Fair Work Commission has ruled that casual conversion clauses and minimum periods of engagement for casual employees mus...
The Victorian Court of Appeal has recently held that restraint of trade clauses in employment contracts are unenforceable against a former employee if they have been repudiated by the employer and the employee has accepted the repudiation and termina...
In a recent article we asked the question: who owns my social media content? In this article we take that enquiry one step further, and tackle the issue of ownersh...