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Litigation and Dispute Resolution

Enforceability of ambiguous representations – High Court of Australia provides clarity

Earlier this year we published an article on the case of Crown Melbourne Limited v Cosmopolitan Hotel (Vic) Pty Ltd & Anor, noting that there had been a grant of special leave to appeal to the High Court of Australia. The matter was sub...

Published by Andrew Lacey
15 August, 2016
Insolvency

Coming clean: Woolworths fined $9 million for participating in detergent price-fixing

Woolworths has admitted to being ‘knowingly concerned’ in a laundry detergent price-fixing scheme that provided Woolworths with a total benefit of $4.36 million. The Federal Court accepted the joint submissions of Woolworths and the ACCC and ordered ...

Published by Andrew Lacey
21 June, 2016
Litigation and Dispute Resolution

Is your off-the-plan instalment contract binding?

Recently, Land and Property Information (LPI) listed the Land Sales Act 1964 (the Act) on its agenda for repeal, claiming that instalment contracts are so rarely used that the Act represents a regulatory bur...

Published by McCabes News
8 June, 2016
Commercial

For better or for worse – be careful what you promise

A recent NSW Court of Appeal decision brings new meaning to the term ‘buyer beware’ and is a warning to carefully monitor statements that a target makes to its employees during a merger. Following a claim by two employees, the Royal Bank ...

Published by McCabes News
6 June, 2016
Employment

Section 5D(2) of the CLA: another “non-exceptional” case

The New South Wales Court of Appeal in the case of Carangelo v State of New South Wales [2016] NSWCA 126 (Carangelo) recently considered the application of section 5D(2) of the Civil Liability Act 2002 (NSW) (

Published by McCabes News
1 June, 2016
Employment

National minimum wage increase – 2016

Australians being paid the National Minimum Wage (NMW) will see an increase of $15.80 per week or 2.4% in wages as a result of the Fair Work Commission (FWC) releasing their annual wage review decision on 31 May 2016...

Published by McCabes News
1 June, 2016
Litigation and Dispute Resolution

Excluding family members from your will? Be careful

Earlier this month, the High Court, in its judgement in Badenach v Calvert [2016] HCA 18, clarified the scope of duty of care which a solicitor owes towards an intended beneficiary of his client’s will.   Facts

Published by Terry McCabe
31 May, 2016
Litigation and Dispute Resolution

McCabes hosts seminar on biodiversity law reform

Sydney, 30 May 2016: McCabes hosted a lunchtime seminar today with its pro bono partner, the NSW Environmental Defenders Office (EDO), in respect of the NSW Government’s proposed biodiversity legislative and policy package. This leg...

Published by McCabes News
30 May, 2016
Litigation and Dispute Resolution

NSW Court of Appeal reins in bank’s power to instantly dismiss employee

A recent New South Wales Court of Appeal decision highlights the importance of the wording of an employer’s contractual power to summarily dismiss an employee, and of the employer following a rational decision-making process in exercising such a powe...

Published by Andrew Lacey
29 May, 2016
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