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Litigation and Dispute Resolution

Excluding family members from your will? Be careful

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

Published by Terry McCabe
31 May, 2016
Litigation and Dispute Resolution

McCabes hosts seminar on biodiversity law reform

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...

Published by McCabes News
30 May, 2016
Litigation and Dispute Resolution

NSW Court of Appeal reins in bank’s power to instantly dismiss employee

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...

Published by Andrew Lacey
29 May, 2016
Litigation and Dispute Resolution

Changes to NSW strata laws – McCabes’ top 10 tips

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...

Published by McCabes News
24 May, 2016
Commercial

Avoiding a “battle of the forms”: do you know which terms and conditions apply to your supply contract?

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...

Published by McCabes News
23 May, 2016
Litigation and Dispute Resolution

Power to the people: What the draft Biodiversity Conservation Bill 2016 means for developers and landowners

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...

Published by McCabes News
17 May, 2016
Intellectual Property and Technology

Defamation law and not-for-profits: getting to the truth of the matter

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 ...

Published by Foez Dewan
12 May, 2016
Employment

Keeping an open mind in misconduct investigations

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...

Published by McCabes News
10 May, 2016
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
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