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WFH during COVID-19 crisis leaves employers vulnerable to WHS liability
Insight 02 Jun 2020

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
Insight 04 Jun 2020

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. ...

Mann v Paterson Constructions Pty Ltd [2019] HCA 32
Insight 26 Mar 2020

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
Insight 26 Mar 2020

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
Insight 26 Mar 2020

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
Insight 11 Mar 2020

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
Insight 02 Mar 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
Insight 01 Apr 2020

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
Insight 08 Apr 2020

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. ...

Fair Work Commission agrees to vary the Clerks Award in light of COVID-19
Insight 01 Apr 2020

On Saturday 28 March 2020, the Fair Work Commission introduced temporary changes to the Clerks – Private Sector Award in response to the impacts of COVID-19 on clerical and administrative employees. An employer can now agree (in writing, including by email) with an individual employee to reduce the employee's hours (including by more than 25%) or to move the employee temporarily from full-time to part-time hours of work, and reduce their pay proportionately. ...

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