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Workplace relations
In this issue we look at recent important decisions concerning calculating payment of accrued leave on termination redundancy of senior executives the redundancy risk posed by attempts to forcibly relocate employees disaggregating lawful and unlawful reasons in adverse action termination claims and ...
Class Action Insights
The recent settlement of the Great Southern class action raises a number of interesting and important issues not only because the court took the unusual step of publishing its reasons for judgment after the settlement had been announced ...
When are LDs a penalty?
The Supreme Court of Queensland recently considered whether liquidated damages in a standard form construction contract were a penalty In a decision that traversed long-held doctrines on penalties and recent developments in emAndrewsem and Paciocco the court ruled that the obligation to pay ...
ASIC to seek recovery of investigation costs
This week ASIC flagged a change in its approach to the exercise of its power to make orders to recover expenses and costs associated with investigations Information Sheet 204 indicates that ASIC will be making greater use of this power to seek recovery of its costs from individuals and companies ...
Class actions game changer averted - for now
A potential game changer that sought to test the boundaries of the class action regime has been averted after the Federal Court refused to make a common fund order in the shareholder class action against Allco Finance The court has however questioned whether legislative reform is required to deal ...
UK Supreme Court counters High Court on penalties
The highest appellate court in the UK has affirmed and restated the penalty rule as it applies in the UK in a recent decision that directly addresses and counters the High Court of Australias approach to the rule in Andrews Partner Nick Rudge and Lawyer Patrick Easton report ...
Australia has lifted certain sanctions on Iran
In response to recent confirmation that Iran has met its international nuclear commitments the Australian Government has lifted all nuclear-related economic and financial sanctions against that country ...
Contract Law Update 2015
Our Contract Law Update provides an overview of important contract law decisions by Australian appellate courts in the past 12 months and considers their significance for the development of Australian contract law ...
Contractors face uphill battle restraining security calls
The Supreme Court of Western Australia has dismissed a subcontractors application for an interlocutory injunction restraining a call on a bank guarantee Partners Nick Rudge and Jeremy Quan-Sing and Lawyer Evan Lacey discuss the decision and its implications ...
You've got to be perfected - Equipment leasing and the PPSA
A recent decision of the Supreme Court of New South Wales has again illustrated the potentially severe consequences for lessors of equipment and other goods under the vesting provisions of the Personal Property Securities Act 2009 Cth The lease can be a security interest If the lessors dont perfect ...