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Insolvency

Federal Court granted website blocking powers to curtail online copyright infringement

The Copyright Act has been amended to target the increase in online copyright infringement in Australia. The amendments allow the Federal Court to grant injunctions requiring carriage service providers to take steps to block access to websites or oth...

Published by Andrew Lacey
2 July, 2015
Litigation and Dispute Resolution

Part IX and part X agreements: non-bankruptcy alternatives for individuals

The Bankruptcy Act 1966 (Cth) (the Act) provides a regime by which a debtor can compromise with his/her creditors outside formal bankruptcy. The provisions are found in Part X (Personal Insolvency Agreements) and Part IX (De...

Published by Andrew Lacey
30 June, 2015
Employment

Police media statements and press conferences: defamation, breach of statutory duty and the case of Sands v State of South Australia [2015] SASCFC 36

The full court of the Supreme Court of South Australia recently considered an action for defamation brought by Derick Sands (Sands) against the State of South Australia.   Background Facts In 2004 South Australian Poli...

Published by Stuart Windybank
30 June, 2015
Litigation and Dispute Resolution

Wills and Estates: suspicious circumstances in drafting wills

It is not uncommon for a Will to be put forward as being a person's last record of their testamentary intentions only for it to be challenged by an aggrieved beneficiary (or someone who, in their opinion, should have been a beneficiary). These dispu...

Published by Andrew Lacey
29 June, 2015
Employment

Minimum wage and high income threshold increase

From Wednesday this week, 1 July 2015, the national minimum wage will increase to $656.90 per week and the high income threshold for making an unfair dismissal claim will increase to $136,700

Published by McCabes News
29 June, 2015
Litigation and Dispute Resolution

The Polish Club case: A win for the Independent Liquor and Gaming Authority

On 17 June 2015, the High Court of Australia gave judgment unanimously overturning a decision of the New South Wales Court of Appeal. The High Court held that a lease granted in contravention of s 92(1)(d) of the Liquor Act 2007 (NSW) was

Published by Andrew Lacey
22 June, 2015
property

Set it straight before you negotiate

The decision of Stellard Pty Ltd & Anor v North Queensland Fuel Pty Ltd [2015] QSC 119 has decided that email correspondence between the parties were sufficient to form a binding contract for sale, notwithstanding that the terms were "su...

Published by McCabes News
18 June, 2015
Employment

National Minimum Wage Increase of 2.5%

The 1.86 million Australians being paid the National Minimum Wage (NMW) will see an increase of $16 per week or 2.5% in wages due to the Fair Work Commission (FWC) releasing their annual wage review decision on 2 Jun...

Published by McCabes News
15 June, 2015
Commercial

A ‘fair go’ for small business?

In recent months, the Commonwealth Government followed up its election promise to give small business a ‘fair go’ by releasing exposure draft legislation which confirms that consumer protections relating to unfair contract terms will be e...

Published by McCabes News
11 June, 2015
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