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Employment

High Court rejects Clive Palmer’s constitutional challenge to liquidator’s power: when is a matter a matter?

In November 2016, the High Court of Australia heard a challenge brought by Clive Palmer in respect of the constitutional validity of the power of a liquidator to examine a former director of a company before the court.  At the conclusion of that hear...

Published by Andrew Lacey
9 February, 2017
Litigation and Dispute Resolution

Security for Costs Series: Peculiarities, technicalities and misconceptions

Part 1:  Summary of key legal principles Security for costs applications are a common feature of litigated civil disputes.  They serve an important role for defendants who have concerns about a plaintiff’s ability to pay their costs of defending pro...

Published by Andrew Lacey
1 February, 2017
Employment

It was a private conversation: Federal Court prevents an employer from using a secret recording against its employee

Privacy is becoming an increasingly important issue as technological developments make it easier to observe people when they are not expecting it.  The issue is all the more problematic in the employment context where surveillance legislation operate...

Published by McCabes News
29 January, 2017
COVID-19

Criminal admissions in the Fair Work Commission: are they admissible?

Colin Wright (Mr Wright) was a mine operator for AGL at a coal mine and power station in Latrobe Valley.  Shortly after completing his night shift on 27 August 2015 while driving home he drove straight through a roundabout, ploughed ...

Published by McCabes News
22 January, 2017
COVID-19

Chain of Responsibility amendments set to harmonise heavy vehicle and national safety laws

The purpose of the Bill On 1 December 2016, the Queensland Parliament passed the Heavy Vehicle National Law and Other Legislation Amendment Bill 2016 which will be to be incorporated within the uniform national law...

Published by McCabes News
16 January, 2017
Insolvency

Keeping the pirates at bay: Federal Court orders internet service providers to block popular copyright infringing websites

In a landmark decision of the Federal Court last week, popular torrent file-sharing websites such as The Pirate Bay, Torrentz, TorrentHound and IsoHunt (the Websites) will now be blocked in Australia. Following the decision in R...

Published by Andrew Lacey
19 December, 2016
Litigation and Dispute Resolution

NSW Court of Appeal confirms “undemanding” test for confidential information

In the recent (22 November 2016) decision of Link 2 Pty Ltd v Ezystay Systems Pty Ltd [2016] NSWCA 317, the NSW Court of Appeal had cause to re-visit the test of whether information is confidential and the meaning of a restraint against usin...

Published by Andrew Lacey
28 November, 2016
Employment

How confidential is your communication? Client Legal Privilege and section 119 of the Evidence Act

The Supreme Court recently considered, on appeal, client legal privilege and section 119 of the Evidence Act 1995 (NSW) in the case of Hamilton v State of New South Wales [2016] NSWSC 1213. Ms Hamilton sued the State of NS...

Published by McCabes News
23 November, 2016
Employment

Assaulted playing the pokies: Sections 52 and 53 of the CLA and exemplary damages

Cheng v Farjudi [2016] NSWCA 316 Background The appellant and the respondent were involved in an altercation at the Parramatta Leagues Club. The appellant was criminally charged for the assault, pleaded guilty and was given a good behaviour ...

Published by Stuart Windybank
23 November, 2016
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