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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
Employment

Spousal Support or Primary Care Giver?

The Fair Work Commission (FWC) recently handed down its decision in Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2015] FWC 920. The case relates to a claim by two BHP Co...

Published by McCabes News
24 April, 2015
Corporate

$3 Million Redundancy Policy Incorporated in CEO’s Contract

A former CEO of ABN AMRO Australia Holdings Limited (AAAH) has been awarded over $3 million after the NSW Supreme Court in James v Royal Bank of Scotland [2015] NSWSC 243 found an employment contract clause which bound the C...

Published by McCabes News
23 April, 2015
COVID-19

Gross Abuse of 457 Visa Sees Man held in "Conditions Akin to Slavery"

Mr Ram, a functionally illiterate Indian national with poor English speaking skills, has been awarded nearly $200,000 after the Federal Circuit Court [FCC] in Ram v D&D Indian Fine Food Pty Ltd & Anor [2015] FCCA 389...

Published by McCabes News
22 April, 2015
Litigation and Dispute Resolution

Tenuous Trusts

The High Court has recently clarified what is required for the creation of an express trust (Korda & Ors v Australian Executor Trustees (SA) Ltd [2015] HCA 6 (Korda)). To be effective, express trusts must satisfy the th...

Published by Andrew Lacey
14 April, 2015
Insolvency

Pirates, Copyright and Privacy: the Dallas Buyers Club vs ISPs verdict

In what appears to be a win for copyright holders, the Federal Court of Australia (Court) in Dallas Buyers Club LLC v iiNet Limited [2015] FCA 317 ordered iiNet and five other ISPs (ISPs) to hand over the na...

Published by Andrew Lacey
10 April, 2015
Employment

"Are we there yet?" – When are proceedings over for the purposes of enforcement

The Full Court of the Federal Court of Australia have confirmed that a judgment on assessed costs is a final orders for the purposes of the Bankruptcy Act 1966 (Cth) (Act), and therefore that a costs order can ground a bankr...

Published by Andrew Lacey
8 April, 2015
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