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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...
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...
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...
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
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
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...
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...
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...
McCabes acted for the defendants in Caves Beachside Cuisine Pty Ltd v Boydah Pty Ltd & 3 Others, an interesting matter which was recently heard before his Honour Justice Kunc in the Supreme Court of New South Wales (Commercial List). The...