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Commercial

Pre-authorised Novation – careful what you sign up for

Recent decisions indicate that a party to a contract can pre-authorise novation of that contract. Pre-authorised novation can be useful for a business that may have a future need to transfer customer contracts to a third party (e.g. on the sale of it...

Published by McCabes News
1 September, 2015
Employment

Road safety remuneration tribunal makes first ruling on payments

The Order On 26 August 2015, the Road Safety Remuneration Tribunal (the Tribunal) issued the draft Contractor Driver Minimum Payments Road Safety Remuneration Order 2016 (the Draft RSRO) The Draft RSRO prop...

Published by McCabes News
28 August, 2015
Litigation and Dispute Resolution

From Administrator to Official Liquidator – Impartiality, Cost and Qualification

It is not uncommon for companies served with wind up proceedings to appoint external administrators for the purposes of investigating the affairs of the company and so that recommendations can be made to creditors to either have the company wound up,...

Published by Andrew Lacey
26 August, 2015
Intellectual Property and Technology

Creditors Statutory Demands’ what a difference a day makes

In so far as they relates to creditor's statutory demands, the provisions of the Corporations Act 2001 (Cth) are construed by the courts particularly prescriptively.   On 5 June 2015, His Honour Justice Brereton de...

Published by Andrew Lacey
24 August, 2015
Litigation and Dispute Resolution

Estranged eligibility: Burke v Burke [2015] NSWCA 195

The recent Court of Appeal decision in Burke v Burke provides further commentary and clarification in relation to how estrangement will affect the Court's determination of family provision proceedings brought by adult children of deceased pe...

Published by Andrew Lacey
24 August, 2015
Commercial

Advocate’s immunity for out of court work affirmed again – White v Forster [2015] NSWCA 245

Author: Melissa Tan Judgement Date: 25th August, 2015 Citation: White v Forster [2015] NSWCA 245 Jurisdiction: Supreme Court of New South Wales Court of Appeal [1] In brief The Supreme Court of New South Wales Court of Appeal upheld the decision of t...

Published by McCabes News
23 August, 2015
Commercial

Advocate’s immunity for out of court work affirmed again White v Forster [2015] NSWCA 245

Author: Melissa Tan Judgement Date: 25th August, 2015 Citation: White v Forster [2015] NSWCA 245 Jurisdiction: Supreme Court of New South Wales Court of Appeal [1] In brief The Supreme Court of New South Wales Court of Appeal upheld the decision of t...

Published by McCabes News
23 August, 2015
Employment

Wide ranging investigation powers under WHS Act

In the case of Perilya Limited v Nash [2015] NSWSC 706, Perilya Limited (Perilya), the holding company of Perilya Broken Hill Limited (PBHL) was ordered to pay $40,000 for two offences of not comply...

Published by McCabes News
6 August, 2015
Litigation and Dispute Resolution

Competing Interests of Compulsory Acquisitions in NSW

The North West Rail Link project has resulted in a large number of compulsory acquisitions raising a number of interesting principles and competing interests under the Land Acquisition (Just Terms) Compensation Act 1991 (NSW) (Just Terms Act

Published by McCabes News
6 August, 2015
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