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  • Article

    Retail Leasing Negotiations - Misleading And Deceptive Conduct - Property Law Sept 2009 Update

    In the near 100 page judgement of ACCC v Duke Master, the Federal Court has delivered a rare win for the ACCC, finding a lessor (and its employee) guilty of unconscionable conduct and misleading and deceptive conduct during the negotiation of a series of lease renewals.
    AustraliaReal Estate and Construction
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Security of payment adjudications: The importance of an adjudicator providing cogent reasoning for a determination

    Adjudicators who do not include reasoned analysis may face their determination declared void for jurisdictional error.
    AustraliaReal Estate and Construction
Carroll & O'Dea
Carroll & O'Dea
  • Article

    Selling your home, holiday home or residential investment property this year? What are the implications of the ATO's new Tax Clearance system?

    Who needs a foreign resident withholding clearance certificate? Consequences of not obtaining tax clearance.
    AustraliaReal Estate and Construction
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Termination for unpaid rent: profiting from lessee mistakes?

    In recent case, court confirmed that it was not a breach of good faith to enforce clear contractual rights.
    AustraliaReal Estate and Construction
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    "Free" Generative AI: Managing The Hidden Costs By Improving AI Literacy

    This case demonstrates the critical need to improve AI literacy in any organisation about the inputs and the generative AI solution.
    AustraliaTechnology
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Employers must be very careful before dismissing an employee for misconduct – and always communicate changes in policies and procedures!

    This recent decision of the NSW IR Commission proves again that the employer must prove misconduct by the employee.
    AustraliaEmployment and HR
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Understanding Vicarious Liability in New South Wales and how it impacts your Personal Injury Claim

    Under the principle of 'vicarious liability', an employer can be held responsible for the actions of their employees.
    AustraliaEmployment and HR
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    What does claiming "care" mean, in the context of a personal injury claim?

    Care, within the context of a personal injury claim, refers to assistance and support needed because of the injuries.
    AustraliaLitigation, Mediation & Arbitration
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    The risks of data retention – Why the data you hold onto matters

    Organisations should carefully consider what data is collected and, if it's not used, whether it is best to let it go.
    AustraliaPrivacy
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Changes to the application to register a new Australian company

    Applications for registration as an Australian Company must now be done online.
    AustraliaCorporate/Commercial Law
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Community & Associations Newsletter – September 2021

    Links to articles that provide updates on developments in the not-for-profit space eg. COVID relief packages.
    AustraliaCorporate/Commercial Law
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Exchange of emails can lead to a binding agreement for a lease

    Caution and clarity as to the nature of the communications.are important when negotiating agreements with another party.
    AustraliaCorporate/Commercial Law
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    No implied duty of mutual trust and confidence in employment contracts – the High Court of Australia decision in Commonwealth Bank of Australia v Barker [2014] HCA 32.

    The High Court confirmed that there is no common law implied duty of mutual trust and confidence in employment contracts.
    AustraliaCorporate/Commercial Law
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Updated guidance from the ACNC in relation to Health Promotion Charities: what you need to know

    What you need to know about the updated guidance from the ACNC in relation to Health Promotion Charities.
    AustraliaCorporate/Commercial Law
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    What’s happening with the ACNC and the charities and not-for-profit sector?

    Interested parties, including the ACNC, are placing submissions about their opinions as to a future model for the ACNC.
    AustraliaCorporate/Commercial Law
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Case summary: Khodor v Murphy [2024] NSWDC 364 – The role of self-defence and credibility in civil assault claims

    Recent case highlights the important factors required to establish a self-defence claim.
    AustraliaCriminal Law
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Changes to New South Wales drink driving laws

    Changes to laws impact those drivers who commit the offence of driving with a low range blood alcohol concentration.
    AustraliaCriminal Law
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Annual Leave Under the Fair Work Act 2009

    The enormous value of Australian workers’ accumulated annual leave entitlements was the subject of research undertaken by Tourism Australia in the wake of the global financial crisis. In 2009, Australians had accumulated 123 million days of annual leave, which equated to wages in excess of $33 billion. Research revealed that approximately 25% of full-time employees in Australia accrue their annual leave, by having over five weeks’ leave owing at any one time.
    AustraliaEmployment and HR
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Article #1- What constitutes a psychological injury?

    The first article in this compensation law series discusses psychological injuries in the NSW Workers Compensation Scheme.
    AustraliaEmployment and HR
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    Artificial Intelligence And Workplace Safety: NSW Extends WHS Duties To Digital Systems

    The increasing use of artificial intelligence and algorithm-driven technologies in modern workplaces has created new efficiencies for businesses, but it has also introduced new categories of workplace risk.
    AustraliaEmployment and HR
    Carroll & O'Dea
    Carroll & O'Dea
  • Showing 701–720 of 1415 results

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