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Litigation and Dispute Resolution

Heads of Agreement – are they enforceable?

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 ...

Published by McCabes News
21 September, 2017
Litigation and Dispute Resolution

When does a conversation become a contract?

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...

Published by McCabes News
21 September, 2017
Litigation and Dispute Resolution

Court questions the power to order compensation to purchasers of off-the plan contracts for rescission under sunset clauses

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...

Published by McCabes News
15 September, 2017
COVID-19

5 key lessons for employers with a global workforce

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.

Published by McCabes News
3 September, 2017
COVID-19

Irrelevant considerations made by a MAS assessor are no little deal – Little v Allianz Australia Insurance Limited [2017] NSWSC 1024

Author: Amy Joyce Judgement Date: 4th August, 2017 Citation: Little v Allianz Australia Insurance Limited [2017] NSWSC 1024

Published by McCabes News
28 August, 2017
Litigation and Dispute Resolution

Purpose and Implementation – Mandatory Independent Hearing and Assessment Panels (IHAPs) for Sydney Metropolitan and Wollongong Local Councils

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

Published by McCabes News
10 August, 2017
COVID-19

Employers of casual workers take note: Fair Work Commission decides to include casual conversion clauses in all modern awards

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...

Published by McCabes News
28 July, 2017
Employment

Post-employment restraints, Repudiation and Acceptance – Crowe Horwath (Aust) Pty Ltd v Loone [2017] VSCA 181 (7 July 2017)

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...

Published by McCabes News
26 July, 2017
Employment

The connection conundrum: Do businesses have rights to the social media accounts or connections of their employees?

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...

Published by McCabes News
19 July, 2017
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