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Two recent decisions in the Fair Work Commission have considered the issue of when an employee can be dismissed for making a derogatory or insulting comment. As these cases highlight, the context in which a comment was said and any past acts of misco...
In our article The year ahead for directors: what’s in store for 2019?, we highlighted that one of the developments in store for directors ...
The recent decision of the Federal Court (Besanko J) in Lock, in the matter of Cedenco JV Australia Pty Ltd (in liq) (No 2) [2019] FCA 93 illustrates the critical importance for administrators and liquidators of complying with the requiremen...
Many directors are familiar with their statutory duty to act in the best interest of their company. This broad sweeping obligation recently came under review in the Final Report of the Financial Services Royal Commission. Commissioner Hayne was crit...
In our article published last week, we mentioned an update to many Modern Awards, to include provisions giving casua...
A lightning rod for the attention of commercial lawyers and their clients alike is when proceedings concerning directors’ duties goes to the High Court. The issue in question? Limitation periods. Specifically, at what point do they start ticking? If,...
When one thinks of misleading and deceptive conduct, one often thinks of large companies misleading their customers about their products. In those circumstances, it is uncontroversial that the company is to bear the penalty. But what happens if the m...
The introduction of the Fair Work Amendment (Casual Loading Offset) Regulations 2018 (Cth) will effectively alleviate the opportunity for employees, who have been incorrectly classified as ‘casuals’, from double-dipping on their entitlements...
The Personal Property Securities Register (PPSR) commenced seven years ago on 30 January 2012. Since then, registering and monitoring securities over personal property through the register has become an intrinsic practice for both bu...