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WFH during COVID-19 crisis leaves employers vulnerable to WHS liability
With an unprecedented number of employees now working from home due to the COVID-19 pandemic, employers must be increasingly alert to the work health and safety (WHS) implications arising out of these arrangements. ...
Even broad governmental powers have limitations - Brett Cattle Company Pty Ltd v Minister for Agriculture
The decision in Brett Cattle Company Pty Ltd v Minister for Agriculture serves as a timely reminder that there are limits on the exercise of seemingly broad governmental powers, and is especially relevant at a time where governmental powers are being used to respond rapidly to the COVID-19 crisis. ...
In Touch: COVID-19 and competition and consumer law issues; news media bargaining code; Holden compensation; CDR accreditation platform now live; and EB Games to refund customers after not playing fair
COVID-19 and competition and consumer law issues; ACCC fines Queensland Yoghurt Company; news media bargaining code; Holden agrees to reduce speed of engagement with dealers over compensation; ACCC CDR accreditation platform now live; Voltaren gel decision in Federal Court; and EB Games to refund customers after not playing fair. ...
Mann v Paterson Constructions Pty Ltd [2019] HCA 32
In this case, the High Court held that a contractor who terminated a domestic building contract by accepting the principal's repudiation ...
Wollongong Coal Ltd v Gujarat NRE India Pty Ltd [2019] NSWCA 135
In this case, the New South Wales Court of Appeal considered whether a 'waiver of rights' clause was enforceable by all parties to the deed, and whether the appellant, Wollongong Coal Ltd, was entitled to equitable set off. ...
Contract law update 2019
There is a general rule that damages for breach of contract are assessed at the date of breach.1 This rule does not apply, however, if assessing damages at a different date would more appropriately compensate the plaintiff. ...
ASIC's New Document Production Guidelines
ASIC has released its new Document Production Guidelines, which govern how it expects electronic and hard copy records to be produced in response to compulsory notices. ...
Class action risk 2020
In this latest edition of our Class Action Risk report we have provided an overview of the indicators and drivers of class action risk, with a particular focus on the way in which the class action landscape has changed over the course of the last year, and into 2020. ...
COVID-19: a work health and safety perspective
The progression of COVID-19 continues at pace and businesses are facing an array of challenges and difficult decisions. While there are a number of issues for businesses to work through at this time, this article touches on the key work health and safety (WHS) duties employers need to be aware of. ...
COVID-19: Fair Work Act changes and JobKeeper scheme
Businesses that are eligible for the JobKeeper scheme will have more flexibility under the Fair Work Act to make changes to manage the workplace impacts of the COVID-19 pandemic, such as standing down employees or reducing their hours. ...