ArticleRetail lease may be binding even if not executed or registeredA retail lease was found to be binding despite not being executed by both parties or registered.AustraliaFood, Drugs, Healthcare, Life SciencesColin Biggers & Paisley
ArticleOccupiers' liability: the landlord, the owners corporation, the criminal and the entrantThese cases illustrate the duty owed by an absent landlord in injury cases arising from accidents or from criminal acts.AustraliaInsuranceColin Biggers & Paisley
ArticleRecovery apportionment between insured and uninsured lossesRecent case reminds insurers of the benefit of expressly stating the agreed level of indemnification in a settlement deed.AustraliaInsuranceColin Biggers & Paisley
ArticleEquitable set-off circumstances clarified in Hawes v DeanThis decision is a timely reminder of the complex nature of equitable set-offs and stresses the unconscionability factor.AustraliaLitigation, Mediation & ArbitrationColin Biggers & Paisley
ArticleBoardroom bullying decisionA recent decision by the Fair Work Commission held that directors can seek protection under federal anti-bullying laws.AustraliaCorporate/Commercial LawColin Biggers & Paisley
ArticleMasters disaster and the obligation to act reasonably and in good faithThis case also demonstrates that courts will look at surrounding circumstances to assist with contractual interpretation.AustraliaCorporate/Commercial LawColin Biggers & Paisley
ArticleFormal requirements for a valid willA poorly prepared will can result in additional cost to the estate. AustraliaFamily and MatrimonialColin Biggers & Paisley
ArticleAirport operators management of kangaroo risk reconsideredSummary of recent case where sections 5F, 5H and 42 of the Civil Liability Act were applied.AustraliaGovernment, Public SectorColin Biggers & Paisley
ArticleIntellectual property infringement - when can you threaten legal action?Correspondence alleging intellectual property infringement must be carefully drafted to avoid making unjustified threats.AustraliaLitigation, Mediation & ArbitrationColin Biggers & Paisley
ArticlePrivileged documents prepared for the purpose of settlement negotiations: when can they be disclosed in subsequent proceedings?The NSW Supreme Court allows the disclosure of privileged documents prepared for the purpose of settlement negotiations.AustraliaLitigation, Mediation & ArbitrationColin Biggers & Paisley
ArticleForeign tax credits not available for discount component of capital gainsFull Federal Court confirms that foreign tax credits are only available to the extent income is returned as assessable income.AustraliaTaxColin Biggers & Paisley
ArticleWork health & safety laws - are we moving towards a consistent national standard?Not all states have adopted the model harmonised WHS laws.AustraliaEmployment and HRColin Biggers & Paisley
ArticleShareholder agreements should address funding and rightsProvisions to regulate some of the uncertainties, called replaceable rules, may not cover all relevant governance issues.AustraliaCorporate/Commercial LawColin Biggers & Paisley
ArticleDeter and detect: pre-employment strategies in schools aimed at reducing child abuseRoyal Commission observed that careful screening during recruitment can help detect and deter child abusers. .AustraliaCriminal LawColin Biggers & Paisley
ArticleWorkers compensation and the new era of working from homeThe old principles outlined in Workers Compensation Nominal Insurer v Hill take on a new significance in COVID-19 Australia.AustraliaEmployment and HRColin Biggers & Paisley
ArticleRecent amendments to the Local Government Act and Owners Corporations ActVictoria attempts to tackle dangerous cladding as well as unruly behaviour in short-stay accommodation.AustraliaReal Estate and ConstructionColin Biggers & Paisley
ArticleMedical panel determinations and procedural fairnessEmployer successful in application for judicial review of determination of medical panel.AustraliaEmployment and HRColin Biggers & Paisley
ArticleWhat is casual conversion and how will it work?This model clause will allow casual employees to convert to permanent employment under certain pre-conditions.AustraliaEmployment and HRColin Biggers & Paisley
ArticleWill legislative change achieve gender equality in the workplace?New legislation aims to achieve gender equality for both men and women.AustraliaEmployment and HRColin Biggers & Paisley
ArticleHow the courts can help you recover your debtsIt is important to know the legal proceedings that you can follow to recover a debt if someone owes you money.AustraliaFinance and BankingColin Biggers & Paisley