591-600 of 691 results
'Bordering on impossible' that husband and wife duo were independent contractors
The Federal Court decided that a husband and wife who worked from home and sometimes outsourced their work were employees instead of independent contractors, making the employer guilty of sham contracting, underpayments and other breaches. ...
The beginning of the end of the unit trust's monopoly? CCIV legislation and ASIC guidance
Avid readers of Unravelled over the past few years cannot have failed to notice that there are moves afoot to introduce two new forms of collective investment vehicle each promising a shiny tax-neutral alternative to the unit trust and hopefully saving Australian lawyers a lot of sleepless nights ...
Competing class actions - the court takes control
The Federal Court has made orders permanently staying two competing shareholder class actions against GetSwift Limited and allowing a third class action to proceed The latest in a series of judgments where the courts have grappled with the problem of competing class actions Justice Lees decision ...
ACCC cartel action against Cryosite is a strong reminder of rules prohibiting 'gun jumping'
The Federal Court proceeding instituted by the ACCC against Cryosite Limited involving supposed cartel conduct alleging gun jumping in a merger. ...
A cautionary tale – let sleeping employees lie
A recent Fair Work Commission decision has confirmed that procedural deficiencies will render a dismissal unfair even where the dismissal involves serious misconduct. ...
ACCC brings first 'excessive surcharge' proceedings
The ACCC has instituted Federal Court proceedings against Europcar for allegedly imposing excessive payment surcharges on customers. This is the first court proceeding commenced by the ACCC under the new prohibition and serves as a reminder to businesses that card payment surcharges must be limited. ...
Allens' submission to ALRC Class Actions Inquiry - time to revisit the checks and balances
The Australian Law Reform Commissions Inquiry into Class Actions and Third Party Litigation Funders provides an important and timely opportunity to reflect on the operation of our class actions regime We have made a detailed submission to the ALRCs Inquiry in which we advocated for a renewed focus ...
Are your employees entitled to unpaid family and domestic violence leave?
All modern award-covered employees, including casual employees, are now entitled to a new form of leave to deal with family and domestic violence. ...
Confidentiality lost in court – restraining an independent contractor
An independent contractor kept and used a client list, but the New South Wales Court of Appeal decided the list had lost its confidentiality because it had been disclosed in court. ...
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. ...