81-90 of 258 results

First civil penalty order for breach of FOFA duties
Insight 06 Nov 2017

The Federal Court recently imposed a 1 million civil penalty on a licensee for breaches by its representatives of the best interests and appropriate advice duties The penalties were the same amount that was agreed between ASIC and the licensee The decision is a reminder to financial services ...

Damages for employer's repudiation of employment contract
Insight 01 Nov 2017

The Victorian Supreme Court has awarded Mr Loone, a Managing Principle with Crowe Horwath Australia, $423,445 in damages after a repudiation of his employment contract by his employer. ...

'Bordering on impossible' that husband and wife duo were independent contractors
Insight 01 Nov 2017

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. ...

Increased responsibility for franchisors under new laws
Insight 01 Nov 2017

From 27 October 2017, franchisors may be liable if their franchisees contravene certain workplace laws. Senior Associate Chloe Wilton reports on practical steps that franchisors can take to reduce the risk of being held liable under these new laws. ...

Court enforces four-year restraint
Insight 01 Nov 2017

A court has enforced a four-year restraint of trade clause in a business sale contract, preventing a part-time employee from taking up employment with a competitor after selling his stake in the business. ...

Summary dismissal for theft found to be unfair
Insight 01 Nov 2017

A recent decision of the Fair Work Commission has highlighted the importance of ensuring that the decision to summarily terminate an employee's employment is proportionate to their misconduct. ...

ASIC recommends tougher corporate penalties
Insight 24 Oct 2017

The ASIC Enforcement Taskforces latest consultation paper pushes for a tougher penalty regime for corporate and financial sector misconduct which has been key focus of the Taskforces Terms of Reference and indeed of ASICs reform agenda for some time Partner Belinda Thompson Senior Associate Michela ...

Subpoenas under the IAA: Foreign-seated arbitrations need not apply
Insight 18 Oct 2017

A recent Federal Court decision suggests a narrow approach to judicial support of international arbitrations limiting access to evidence located in Australia for parties of foreign-seated arbitrations Partner Nick Rudge and Overseas Lawyer Caroline Swartz-Zern report ...

Competition news
Insight 17 Oct 2017

In Touch looks at what's been happening in Competition this month and what it means for your business ...

Federal Court sheds new light on public benefit test in Tatts/Tabcorp merger appeal
Insight 11 Oct 2017

The Federal Courts decision about the proposed TabcorpTatts merger has provided significant clarification about the public benefit test for authorisations This is timely in light of the legislation before the Senate that proposes to combine the Tribunal authorisation process with the formal ACCC ...