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Employment

Let’s talk about death – death in contemporary Australia

One of McCabes embedded values is courage and to openly talk about death requires courage.  Given the number of deaths in Australia is projected to double over the next twenty years, we think the time for courage is upon us.  With this in mind, the a...

Published by Terry McCabe
29 August, 2016
Employment

The price of perjury: Fair Work Commission awards indemnity costs against lying applicant

In the recent Fair Work Commission (Commission) decision of Mr James Green v Toll Holdings Ltd [2016] FWC 2790, an employee was ordered to pay his employer’s costs after running away from his own unfair dismissal he...

Published by McCabes News
24 August, 2016
Litigation and Dispute Resolution

NSW Strata Reforms – Key changes of how it will affect you

The state’s major overhaul of the strata laws will finally commence on 30 November 2016 with the introduction of the Strata Schemes Management Act 2015 (the Act), the Strata Schemes Management Regulation 2016 (the Regulations...

Published by McCabes News
23 August, 2016
Commercial

Brexit implications Down Under

Despite being 15,195 kilometres apart, Britain’s decision to leave Europe has been described by some as a ‘king hit’ to Australia. Whilst Australia is unlikely to suffer any permanent scars from this blow, Australia will be forced t...

Published by McCabes News
22 August, 2016
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
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