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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
Employment

National minimum wage increase – 2016

Australians being paid the National Minimum Wage (NMW) will see an increase of $15.80 per week or 2.4% in wages as a result of the Fair Work Commission (FWC) releasing their annual wage review decision on 31 May 2016...

Published by McCabes News
1 June, 2016
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
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