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Employment

The Senate’s double ‘disillusionment’

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 ...

Published by McCabes News
10 May, 2016
Insolvency

ACCC isn’t chicken on enforcing fowl play

The Federal Court has declared that Derodi Pty Ltd and Holland Farms Pty Ltd, trading in partnership as Free Range Egg Farms (FREF), made false and misleading representations under the Australian Consumer Law (ACL) b...

Published by Andrew Lacey
9 May, 2016
Insolvency

A review of the law on penalties

With a High Court appeal pending in the bank fees class action case, Paciocco v Australia and New Zealand Banking Group Limited [2015] FCAFC 50 (“Paciocco”), it is timely to undertake a review of where the law currently stan...

Published by Andrew Lacey
2 May, 2016
Building and Construction

Balancing litigation risk with business opportunities

Businesses of all sizes have a litigation risk. Whether you’re a small business owner or a director of a publicly listed company, there are many aspects of being an owner/manager which may result in a potential exposure to litigation. When litigatio...

Published by McCabes News
19 April, 2016
Litigation and Dispute Resolution

New protections for small businesses against unfair contract terms

In October last year, the Federal Government introduced a suite of reforms to the Australian Securities and Investment Commissions Act 2001 and Schedule 2 to the Competition and Consumer Act 2010 relating to the legality of ‘unfair ...

Published by Chiara Rawlins
13 April, 2016
Insolvency

ASIC Infringement Notices – you don’t have to contravene to contravene

In 2004, the commonwealth legislature introduced Part 9.4AA into the Corporations Act 2001 (Cth) (the Act).  This part empowers the Australian Securities and Investments Commission (ASIC) to...

Published by Andrew Lacey
7 April, 2016
Insolvency

An overarching principle of good faith in Australia: Have we reached Valhalla?

By its very nature, capitalism epitomises struggle.  Just as the God of Norse mythology, Odin, would reward a fallen warrior’s struggle with a seat in Valhalla, capitalism rewards those who are victorious in the struggle for wealth creation.  In the ...

Published by Andrew Lacey
4 April, 2016
Litigation and Dispute Resolution

Should I stay or should I go… to arbitration? Extending the reach of the moratorium on creditor’s claims against companies in administration

Section 440D imposes a stay on “proceedings in a court” against a company whilst it is in administration under Part 5.3A of the Corporations Act. It is well established that the term “proceedings in a court” does not include an arbitration proceeding...

Published by Andrew Lacey
30 March, 2016
Litigation and Dispute Resolution

High Court to consider enforceability of promise that lessee would be ‘looked after at renewal time’

On 11 December 2015, special leave to appeal to the High Court of Australia was granted in the case of Crown Melbourne Limited v Cosmopolitan Hotel (Vic) Pty Ltd & Anor. This case will provide the High Court with the opportunity to reco...

Published by Andrew Lacey
29 March, 2016
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