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Litigation and Dispute Resolution

Family trust feud: Gina Rinehart case and its implications

The legal feud involving Australia's richest person, Gina Rinehart and her children has come to an end, at least for now. Yesterday Justice Brereton of the Supreme Court of NSW delivered his long anticipated judgment in Hancock v Rinehart [2015] NSWS...

Published by Andrew Lacey
29 May, 2015
Litigation and Dispute Resolution

Key remedial provision of the Corporations Act 2001: Section 1332

The longest-serving current High Court judge, Hayne J once observed, "1322 applications and predecessors were common and garden in every corporation's list around this country", yet there are only a very few reported cases on section 1322 of...

Published by Andrew Lacey
28 May, 2015
Insolvency

Recent developments that tighten the noose around copyright infringers

The rapid pace of technological advancements versus the significantly slower rate of copyright law reform, coupled with the savviness of today's Internet user, have resulted in copyright infringements such as illegal movie downloads going largely unc...

Published by Andrew Lacey
20 May, 2015
Employment

More ICAC Conundrums

The decision of the High Court in the recent ICAC v Cunneen appeal has raised all sorts of intriguing legislative, political, policy and Constitutional issues including: What is corruption? What is t...

Published by McCabes News
18 May, 2015
property

When Is A Real Estate Agent Really Entitled To Commission?

It is not uncommon for an agent to attempt to claim commission from a vendor for having introduced the purchaser to the property even though the purchaser had ultimately signed a contract through a different agent after the initial agent's exclusive ...

Published by McCabes News
14 May, 2015
COVID-19

BOOT appraisal – does every provision in an enterprise agreement have to be more beneficial?

The Full Bench of the Fair Work Commission has recently handed down a decision in Re AKN Pty Ltd T/A Aitkin Crane Services [2015] FWCFB 1833. The Full Bench upheld the appeal from AKN Pty Ltd t/a Aitkin Crane Services (AKN) ...

Published by McCabes News
12 May, 2015
Litigation and Dispute Resolution

Raising statutory illegality as a defence: the Polish Club case

A registered club, the holder of a club licence under the Liquor Act 2007 (NSW), lets a husband and wife into occupation of its premises to operate a restaurant. There is no signed agreement between the parties. After about a year, the Club tells the...

Published by Andrew Lacey
11 May, 2015
Employment

Permitted or Not?

When negotiating enterprise agreements parties are only permitted to negotiate certain matters. A non-permitted matter is any matter which falls outside those matters pertaining to the relationship between an employer and employee as set out in s 172...

Published by McCabes News
30 April, 2015
Employment

Sexual Behaviour; not the same as Sexual Orientation

The Sex Discrimination Act 1984 (Cth) (SDA) prohibits discrimination on the basis of, amongst other things, sexual orientation. In the case of Bunning v Centacare [2015] FCCA 280 the court was asked to determine whe...

Published by McCabes News
29 April, 2015
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