2531-2540 of 2650 results
What courts and regulators expect from corporate compliance
The recent decision of ACCC v Bupa Aged Care contains valuable lessons on the importance of compliance programs. They include how quickly improving or implementing such programs can lead to lower penalties; the extent to which regulators and courts favourably view effective compliance programs when assessing penalties, and what features they consider to be essential. ...
Coverage of the Miscellaneous Award widened to cover some award-free employees
From 1 July 2020, the Miscellaneous Award will cover a wide range of low-skilled and trade-qualified employees who were previously award-free. ...
JobKeeper insights from the FWC
COVID-19 and the introduction of the JobKeeper scheme has had a critical impact on business. In a recent statement, the Fair Work Commission (FWC) shared valuable insights on the trends in disputes emerging in the early days of the scheme and how it will manage these cases moving forward. ...
The road back to workplaces – 10 safe workplace principles for managing safety risks
As COVID-19 restrictions begin to ease, businesses preparing to transition their workers back to their usual workplaces need to keep in mind the 10 'National COVID-19 Safe Workplace Principles' (Safe Workplace Principles), announced by the Morrison Government on 24 April 2020, in managing their work health and safety (WHS) risks in light of the serious health risks associated with the COVID-19 pandemic. ...
Advanced National Services Pty Ltd v Daintree Contractors Pty Ltd [2019] NSWCA 270
This case affirms the principle that the question of whether personal performance of a contract is required is one of construction of the contract, and that personal performance may be required even in circumstances where performance of the contract requires no specific personal skill. ...
Greencapital Aust Pty Ltd v Pasminco Cockle Creek Smelter Pty Ltd (Subject to Deed of Company Arrangement) [2019] NSWCA 53
In this case, the New South Wales Court of Appeal considered the terms of a conditional contract for the sale of land, and whether the purchaser's 'step-in' right qualified the vendor's right to rescind ...
Searle v Commonwealth of Australia [2019] NSWCA 127
In this case, the NSWCA considered the nature and extent of the doctrine that a government or public authority may not fetter the future exercise of discretionary powers reposed in the executive or a public authority. ...
Contract law update 2019
The ability to enter into, and enforce, contracts with governments is complicated by the principle that governments cannot fetter the future exercise of their discretionary powers (known as the 'fettering doctrine'). ...
Contract law update 2019
'fetter doctrine' is the ability to enter into enforce, contracts with governments is complicated by the principle that governments cannot fetter the future exercise of their discretionary powers. ...
Contract law update 2019
A recent WA Court of Appeal decision illustrates the difficulties for a party in avoiding the literal meaning of a contract in the absence of ambiguity or absurdity ...