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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
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...
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...
By 2020, it is estimated that over half the population of NSW will either live or work in strata buildings. In consideration of this trend, the NSW government has introduced extensive (more than 90) reforms to the current strata laws. The new legis...
Many companies refer to their standard Terms and Conditions when entering into a contract for the supply of goods or services with another party. But what happens when two parties disagree as to whose T&Cs should apply? In this article, we exami...
In 2014, NSW farmer Ian Turnbull shot and killed an Office of Environment and Heritage compliance officer over a land clearing dispute. This tragedy represents a culmination of building tensions between the NSW Government and commercial landowners, w...
Many not-for-profit organisations (NFPs) exist for the purpose of exposing and challenging acts, practices or behaviour perceived to be unethical or unjust. In advocating for change, some NFP’s may publish critiques and commentaries ...
Forming a view during an investigation as to the significance of findings and likely sanctions against an employee is just common-sense. A recent decision of the Full Bench of the Fair Work Commission (the Full Bench) has further cla...
On 18 April the Senate finally voted to abolish the Road Safety Remuneration Tribunal (RSRT) and repeal the Road Safety Remuneration Act 2012 (Cth). The Bill abolishing the RSRT and repealing the Act received Royal Assent on 19 April, which ...