141-150 of 218 results
The Workpac decision – are your casuals really casual?
The Full Federal Court in WorkPac Pty Ltd v Skene [2018] recently decided that a casual fly-in fly-out labour hire worker was not really a casual and was therefore entitled to annual leave. ...
The Japan-Australia Economic Partnership Agreement
Australia and japan have enetered into an economic partnership agreement to reducel tariff barriers on the majority of Australian exports to Japan. In contrast to the recently concluded Korea-Australia Free Trade Agreement, it does not include an investor-state dispute settlement mechanism. ...
High Court confirms liquidator has first pick of the fruits of litigation
The High Court recently considered the competing entitlements of a liquidator and a secured creditor to the proceeds of a claim brought by the liquidator which was against the secured creditors interests Partner Chris Prestwich and Law Graduate Kaelah Ford report on the High Courts decision that the ...
Using 'reasonable endeavours' - the importance of internal contractual standards
The High Court has recently highlighted the significance of internal contractual standards when interpreting an obligation to use reasonable endeavours Partner Nick Rudge and Lawyers Goran Gelic and Timothy Leschke report on this development and its implications ...
Material adverse change
In a recent decision the New South Wales Supreme Court held that a sufficiently significant failure to meet budget expectations could constitute a material adverse change and upheld the lenders right to serve a default notice and accelerate repayment on this basis Partner Diccon Loxton and Lawyer ...
Comply or say bye to your franchise!
With the new Franchising Code of Conduct and civil pecuniary penalties set to commence in 2015 a recent Full Federal Court decision is a timely warning to franchising parties to ensure their practices comply with the Code ...
When are LDs a penalty?
The Supreme Court of Queensland recently considered whether liquidated damages in a standard form construction contract were a penalty In a decision that traversed long-held doctrines on penalties and recent developments in emAndrewsem and Paciocco the court ruled that the obligation to pay ...
High Court 'moves' unanimously in defining the scope of consideration for tax purposes
Those involved in property development arrangements or business acquisitions should be aware of the tax implications of the recent High Court decision in Lend Lease Development that has broadened the scope of what forms the consideration for the transfer of dutiable property The High Court found ...
Penalties: The final word
The High Court decision in Paciocco v Australia and New Zealand Banking Group Limited, provides welcome clarity on the application of the 'penalties rule' implicating a broad range of sectors. ...
E-signature - a case study, but not a test case
A recent New South Wales Court of Appeal decision concerned a guarantee purportedly signed by e-signature without the guarantors knowledge It is an interesting case-study though the decision is really about ostensible authority and ratification Senior Finance Counsel Diccon Loxton considers its ...