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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
Commercial

One size does not fit all: varying the scope of the Part 5.3A moratorium on proceedings against companies in voluntary administration

Excerpt: Part 5.3A of the Corporations Act 2001 (Cth) (the Act), titled ‘Administration of a company’s affairs with a view to executing a deed of company arrangement’, codifies an extensive regime of rules and protocols which govern...

Published by Andrew Lacey
18 October, 2016
Litigation and Dispute Resolution

The risk of a director/officer of a corporation assuming vast responsibilities – ASIC v Cassimatis (No 8) [2016] FCA 1023

The collapse of Storm Financial Limited (Storm), a financial advice company based in Townsville, in the wake of the 2008 Global Financial Crisis garnered significant media attention and led to an inquiry and report by a Parliamentary...

Published by Andrew Lacey
11 October, 2016
Litigation and Dispute Resolution

Subpoenas to produce – refusing to comply because of insufficient conduct money? Think again!

McCabes regularly receives correspondence from recipients of subpoenas to produce asserting that they do not intend to comply with the terms of a subpoena issued to them on the basis that insufficient conduct money has been provided. Given t...

Published by Chiara Rawlins
10 October, 2016
Employment

Not so sunny – Cleret v Sunshine Coast Regional Council [2016] QSC 208

A claim against Sunshine Coast Regional Council for misfeasance in public office, trespass and negligence; Do councils and statutory authorities owe a duty of care to ensure officers’ act within power? Mr Cleret was the owner and operator of a resta...

Published by McCabes News
30 September, 2016
Employment

Let’s talk about death – who owns my body?

Last month we opened up the discussion about death by discussing the projected death rate in Australia and the importance of keeping your will up to date.  In this article we consider a problem that can arise after your death – that is, who ...

Published by Terry McCabe
27 September, 2016
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