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Litigation and Dispute Resolution

Deemed Subdivisions – how to avoid hidden leasing costs

Leasing part of your land can convert your unused commercial, industrial or agricultural space into a predictable income stream.  It can also involve hidden costs if you do not account for the impacts that the Conveyancing Act and planning legislatio...

Published by McCabes News
27 February, 2017
COVID-19

Employment Law Alert – Fair Work Commission reduces penalty rates in the retail and hospitality industries

A Full Bench of the Fair Work Commission (FWC) has this morning handed down its long awaited decision on weekend and public holiday penalty rates in the retail and hospitality industries. The FWC has reduced the Sunday and public ho...

Published by McCabes News
23 February, 2017
Litigation and Dispute Resolution

Security for costs series | Part 2: Who is the true aggressor

Security for costs where the plaintiff is in the position of the defendant This is the second in a series of articles which we will be publishing over the coming months concerning security for costs in civil disputes.  The f...

Published by Andrew Lacey
15 February, 2017
COVID-19

Double the trouble when regulators talk

Corporations and more particularly company directors need to be aware that obligations may arise simultaneously in several areas of the law. Equally, compliance with or breach of obligations in one area of law may flow to obligations arising in anoth...

Published by McCabes News
13 February, 2017
Employment

High Court rejects Clive Palmer’s constitutional challenge to liquidator’s power: when is a matter a matter?

In November 2016, the High Court of Australia heard a challenge brought by Clive Palmer in respect of the constitutional validity of the power of a liquidator to examine a former director of a company before the court.  At the conclusion of that hear...

Published by Andrew Lacey
9 February, 2017
Litigation and Dispute Resolution

Security for Costs Series: Peculiarities, technicalities and misconceptions

Part 1:  Summary of key legal principles Security for costs applications are a common feature of litigated civil disputes.  They serve an important role for defendants who have concerns about a plaintiff’s ability to pay their costs of defending pro...

Published by Andrew Lacey
1 February, 2017
Employment

It was a private conversation: Federal Court prevents an employer from using a secret recording against its employee

Privacy is becoming an increasingly important issue as technological developments make it easier to observe people when they are not expecting it.  The issue is all the more problematic in the employment context where surveillance legislation operate...

Published by McCabes News
29 January, 2017
COVID-19

Criminal admissions in the Fair Work Commission: are they admissible?

Colin Wright (Mr Wright) was a mine operator for AGL at a coal mine and power station in Latrobe Valley.  Shortly after completing his night shift on 27 August 2015 while driving home he drove straight through a roundabout, ploughed ...

Published by McCabes News
22 January, 2017
COVID-19

Chain of Responsibility amendments set to harmonise heavy vehicle and national safety laws

The purpose of the Bill On 1 December 2016, the Queensland Parliament passed the Heavy Vehicle National Law and Other Legislation Amendment Bill 2016 which will be to be incorporated within the uniform national law...

Published by McCabes News
16 January, 2017
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