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Insolvency

Safe Harbour and Ipso Facto reforms pass into law

On 18 September 2017 the Treasury Law Amendment (2017 Enterprise Incentives No. 2) Act 2017 (the Safe Harbour and Ipso Facto Act) became law. The Safe Harbour reforms introduced in the Safe Harbour and Ipso Fact...

Published by Andrew Lacey
25 September, 2017
Insolvency

External administrators to avoid personal gain

External administrators are required to be independent, impartial and avoid personal conflicts of interests when carrying out their role and dealing with company assets. This is the reason for why they need to lodge a declaration of independence, rel...

Published by Andrew Lacey
25 September, 2017
Litigation and Dispute Resolution

Limitations on entire agreement clauses

Entire agreement clauses are often employed as a means of defining the parameters of an agreement. However, in reality such clauses are far from definitive and may be subject to a variety of limitations.   What is an entire agreemen...

Published by McCabes News
25 September, 2017
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
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