3891-3900 of 4059 results
Vale restitution? The High Court clarifies remedies available to construction contractors following termination for repudiation
In a welcome decision for principals engaging contractors for construction work, the High Court has substantially limited the availability of the restitutionary remedy of a quantum meruit where a contractor elects to terminate a contract as a consequence of repudiation. ...
Make no mistake (lest you are sacked): FWC rules on safety incident dismissal
The Full Bench of the Fair Work Commission decided that a crane operator's sacking for a 'significant' safety incident was a fair and proportionate response, despite a working relationship of almost four decades. ...
Reputation on the line: the importance of getting award compliance right
With talk of wage theft becoming a criminal offence, this month's Senate approval of a wage and superannuation theft inquiry, and the increasing number of large employers being named and shamed for underpayments, there has never been a more important time for employers to check they are meeting their obligations – including compliance with modern awards. ...
The new test for dishonesty – criminalising conduct that falls short of 'community expectations'?
The recent amendment to the test for dishonesty in the Corporations Act 2001, which lowers the burden on the prosecution will have implications for the concept of 'community expectations' into the criminal law. ...
Round 5: Superannuation
Perhaps the biggest issue dealt with in the superannuation hearings is how various forms of conflicts create perverse incentives for trustees to not comply with their duties. ...
Round 4: Experiences with financial services entities in regional and remote communities
During the agricultural round of hearings, and in his Interim Report, the Commissioner asked if there should be special rules for farmers to address the particular challenges of the sector, and if so, who should bear the added cost? ...
Changes to the rules governing foreign investment in Australian agriculture
The Australian Government has announced that from 1 March 2015 acquisitions of agricultural land worth more than A15 million and any additional acquisitions over and above that amount will require government approval It will also establish a foreign ownership register of agricultural land ...
When is a trust a commercial necessity?
The High Court has held that the proceeds of a forestry investment scheme were not held on trust for the investors by the operators of the scheme. ...
Babcock & Brown - a market disclosure claim decided
The Federal Court has dismissed shareholders claims against Babcock Brown alleging failure to disclose market sensitive information The court made important findings on the scope of listed entities continuous disclosure obligations in the context of accounting irregularities and potential insolvency ...
'Axing the tax' - the end of the Australian carbon pricing scheme
Federal Parliament has passed legislation to repeal the carbon pricing scheme removing the nationwide impost on greenhouse gas emissions Partner Grant Anderson and Associate Albert Yu report ...