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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
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
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