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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
Insolvency

Keeping the pirates at bay: Federal Court orders internet service providers to block popular copyright infringing websites

In a landmark decision of the Federal Court last week, popular torrent file-sharing websites such as The Pirate Bay, Torrentz, TorrentHound and IsoHunt (the Websites) will now be blocked in Australia. Following the decision in R...

Published by Andrew Lacey
19 December, 2016
Litigation and Dispute Resolution

NSW Court of Appeal confirms “undemanding” test for confidential information

In the recent (22 November 2016) decision of Link 2 Pty Ltd v Ezystay Systems Pty Ltd [2016] NSWCA 317, the NSW Court of Appeal had cause to re-visit the test of whether information is confidential and the meaning of a restraint against usin...

Published by Andrew Lacey
28 November, 2016
Employment

How confidential is your communication? Client Legal Privilege and section 119 of the Evidence Act

The Supreme Court recently considered, on appeal, client legal privilege and section 119 of the Evidence Act 1995 (NSW) in the case of Hamilton v State of New South Wales [2016] NSWSC 1213. Ms Hamilton sued the State of NS...

Published by McCabes News
23 November, 2016
Employment

Assaulted playing the pokies: Sections 52 and 53 of the CLA and exemplary damages

Cheng v Farjudi [2016] NSWCA 316 Background The appellant and the respondent were involved in an altercation at the Parramatta Leagues Club. The appellant was criminally charged for the assault, pleaded guilty and was given a good behaviour ...

Published by Stuart Windybank
23 November, 2016
Intellectual Property and Technology

Deceased estate litigation – make sure your costs are proportionate or risk a capped costs order

Litigation involving deceased estates can take many forms – applications for provision, notional estate orders, challenges to grants based on undue influence or lack of testamentary capacity, and so on. A common element across each of those disputes...

Published by Andrew Lacey
22 November, 2016
Employment

The new small business unfair contract regime and the Australian road freight industry

Small businesses that enter standard form contracts on or after 12 November 2016 will be protected by a new unfair contract regime. With roughly 70% of all road freight operators having only one employee (and one truck) in their fleet, and therefore ...

Published by McCabes News
23 October, 2016
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