ArticleUK Insolvency Service announces review of pre-pack administrationsThe outcome of the UK pre-pack administration review will be watched carefully by both Australian advocates and critics.AustraliaInsolvency/Bankruptcy/Re-StructuringKemp Strang Lawyers
ArticleDuty of care clarified for NSW lendersA NSW case confirms that lenders do not owe a general duty of care to advise a borrower on the viability of investments.AustraliaLitigation, Mediation & ArbitrationKemp Strang Lawyers
ArticleThe Court of Appeal confirms substance over form for default notices issued under the Consumer Credit CodeKemp Strang recently acted for a lender in an important case that will have relevance to lenders that issue default notices.AustraliaInsolvency/Bankruptcy/Re-StructuringKemp Strang Lawyers
ArticleRegister now to get authorised for carbon marketsYou have until 30 June 2012 to register with ASIC if you want to deal in carbon emission units.AustraliaEnvironmentKemp Strang Lawyers
ArticleCourt awards former Manly Warringah Sea Eagles player damages over unfulfilled contractThis decision highlights the importance of clearly expressing when a party intends to be bound by an agreement.AustraliaCorporate/Commercial LawKemp Strang Lawyers
ArticleNSW Supreme Court determines question of whether a breach of warranty of authority is an apportionable claimThe Court found in favour of the Lender, and that damages for a breach of warranty of authority are not apportionable.AustraliaLitigation, Mediation & ArbitrationKemp Strang Lawyers
ArticleDo I need a Shareholder's Agreement? Lessons from a burger bun fightHaving a Shareholders' Agreement when starting a business can reduce the risk of costly disputes between partners.AustraliaCorporate/Commercial LawKemp Strang Lawyers
ArticleBreaching workplace safety: valid reason for dismissalIt was not unfair dismissal to end the employment of an employee who had breached the health and safety requirements.AustraliaEmployment and HRKemp Strang Lawyers
ArticleCan a redundant employee be overqualified for redeployment?The Commissioner ruled that it would be 'unwise' to redeploy an employee who is overqualified for the available position.AustraliaEmployment and HRKemp Strang Lawyers
ArticleCaution when employees are dismissed on medical groundsOrganisations must be very careful when dismissing employees due to illness or injury, to avoid unfair dismissal claims. AustraliaEmployment and HRKemp Strang Lawyers
ArticleEmployee restrained until September 2016Courts are willing to remedy a breach of contract by employees and uphold a reasonable restraint, if drafted carefully.AustraliaEmployment and HRKemp Strang Lawyers
ArticleNews Flash! - Senior officers could face 20 years in jail under Queensland WHS lawIntroducing these new offences for industrial manslaughter sends a clear message about expected safety in the workplace.AustraliaEmployment and HRKemp Strang Lawyers
ArticleWhat’s in the nature of a bully? - draft code of practice for public commentEmployers should update their bullying and harassment policies to make it clear what is and isn't bullying behaviour.AustraliaEmployment and HRKemp Strang Lawyers
ArticleLand owner’s ongoing liability for contaminationThis case is a timely reminder that land owners and tenants should be familiar with all their obligations in the lease.AustraliaEnvironmentKemp Strang Lawyers
ArticleThe High Court to rule on restitution for payments made under a mistake of factThe High Court will examine the change of position defence to restitution claims for payments under a mistake of fact.AustraliaFinance and BankingKemp Strang Lawyers
ArticlePreferential payments granted to creditors who funded public examinationsThe Court has a discretionary power in a winding up, to distribute property recovered by litigation funded by creditors.AustraliaInsolvency/Bankruptcy/Re-StructuringKemp Strang Lawyers
ArticleAre you prepared for the New Year? What you need to know about the new Building Bond and Inspection Scheme in NSWDevelopers of strata buildings need to lodge a building bond with NSW Fair Trading, so as to remedy any building defects.AustraliaReal Estate and ConstructionKemp Strang Lawyers
ArticleCatering Agreement may be a Retail Shop LeaseA contract for catering services to be made available to staff from within your premises may be a "retail shop lease".AustraliaReal Estate and ConstructionKemp Strang Lawyers
ArticleCaution required using bulk lodgment of dealings at Land and Property InformationA recent judgment of the Supreme Court of New South Wales has highlighted an issue for parties using the Bulk Lodgment System.AustraliaReal Estate and ConstructionKemp Strang Lawyers
ArticleNEWS FLASH – Upstream liability of holding companies and franchisors for exploited workersThe changes will impact holding companies and franchisors who have significant influence or control over their networks.AustraliaEmployment and HRKemp Strang Lawyers