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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...
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...
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...
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...
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...
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...
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...
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...
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...