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Employment & Safety
This Insight examines the latest developments in employment law ...
Finality: an important objective of class actions
The recent Great Southern class action settlement included a term by which group members acknowledged and admitted that loans taken out with independent financiers to finance investments in Great Southern managed investment schemes were valid and enforceable Two separate Victorian Supreme Court ...
US court holds foreign corporations not liable for human rights harms under Alien Tort Statute
In a decision on human rights litigation that has important consequences for business a divided US Supreme Court has held that foreign corporations will not be held liable in suits brought under the Alien Tort Statute Partner Rachel Nicolson Associate Shamistha Selvaratnam and Graduate Calypso ...
Further guidance on promoter penalty provisions
The Federal Court has recently had another opportunity to consider the application of the promoter penalty provisions in the Taxation Administration Act The Federal Courts recent decision indicates that the promotion of schemes that are clear and deliberate tax exploitation schemes will result in ...
The driver, the racing team, the Grand Prix and the court - high-speed arbitration enforcement in the Victorian Supreme Court
In just over a week of fast-paced litigation the Supreme Court of Victoria acted quickly and decisively to enforce an international arbitration award Partner Duncan Travis view CV and Associate Christopher Holland report on the litigation between Dutch driver Giedo van der Garde and Formula One ...
Court refuses to approve class action settlement
In a recent Federal Court decision Justice Murphy refused to approve the settlement agreement between the parties to the Willmott class action finding that the terms of the settlement were not fair and reasonable ...
Significant 'blow' for penalties claims
Today the Full Federal Court clarified the law of penalties as it applies to fees The key development is that in considering whether the amount of a fee is extravagant and exorbitant compared to the potential costs incurred in dealing with a failure to perform an obligation the court held that ...
The Federal Court on information to third parties, legal professional privilege and waiver
A recent Federal Court decision highlights the importance of managing the provision of information and documentation to third parties with caution in order to preserve legal professional privilege Partner Richard Harris and Senior Associate Elnaz Nikibin report on the case ...
ASIC report on disclosure of fees and costs
Today ASIC released a report outlining the shortcomings in the disclosure of fees and costs for superannuation and managed investment products While everyone may not like what it says and for some it may be too little too late the more detailed discussion of what the law requires may be helpful ...
Productivity Commission - Access to Justice Arrangements report and recommendations
The Access to Justice Arrangements report proposes broad-ranging reforms to our civil justice system with the aim of improving access to justice Partner Belinda Thompson and Lawyer Annie Santamaria highlight some recommendations which also have the potential to impact more broadly on Australias ...