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Employment & Safety
In this issue we look at how post-employment restraints can be unenforceable if a company does not comply with the employment contract itself a decision of the Federal Court that confirms an employee who is on long-term sick leave must continue to have regular contact with their employer and a ...
Counsel Assisting the Royal Commission alleges significant superannuation misconduct
The list of alleged breaches are divided into breaches of the SIS Act the Corporations Act and the ASIC Act we consider each of these and what it might mean ...
Australian Financial Complaints Authority: a 'one-stop-shop' for financial dispute resolution
The new Australian Financial Complaints Authority is to replace each of the Superannuation Complaints Tribunal the Financial Ombudsman Service and the Credit and Investments Ombudsman in November 2018 ...
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. ...
Does casuals' service count for redundancy pay purposes?
A Full Bench of the Fair Work Commission has again considered the issue of whether prior service as a casual or seasonal worker counts as service when calculating redundancy pay, and found that such prior service need not be recognised. ...
Court enforces four-year restraint
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. ...
Shareholder class actions in Australia
Class actions are an established and important part of the Australian legal landscape In recent years Australia has become the most likely jurisdiction outside of the United States in which a corporation will face significant class action litigation This evolution has been facilitated by recent ...
Security of the Cape Preston port affirmed in appeal decision
The FCACFC decision in Mineralogy affirms that commercial agreement terms between parties can be impacted by later agreements between those parties and by state agreements, and emphasises the care commercial drafters need to take. ...
Finally - a class action regime for Queensland
Class actions in Queensland are one step closer with the introduction of proposed new legislation into the Queensland Parliament Partner Michael Ilott Special Counsel Robyn Morrison and Senior Associate Suzie Fraser report ...
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 ...