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  • Article

    Suit Yourself; Andar Transport Pty Ltd v Brambles Limited

    The recent High Court appeal of<I> Andar Transport Pty Ltd v Brambles Limited (unreported) </I>saw the High Court review principles concerning the interpretation of indemnity clauses in contract law as well as the nature and scope of the common law duty of care owed by an employer to an employee.
    AustraliaCorporate/Commercial Law
    Wisewoulds
    Wisewoulds
  • Article

    Independent Contractions: The legal Obligation Of A Principal Towards An Independent Contractor

    This article examines the legal obligation of a principal towards an independent contractor the circumstances in which such obligations are said to arise and their extent.
    AustraliaEmployment and HR
    Wisewoulds
    Wisewoulds
  • Article

    Independent Contractions: The Legal Obligation Of A Principal Towards An Independent Contractor

    This article examines the legal obligation of a principal towards an independent contractor the circumstances in which such obligations are said to arise and their extent.
    AustraliaLitigation, Mediation & Arbitration
    Wisewoulds
    Wisewoulds
  • Article

    Why Can´t I Sue The Franchisor? – Exit Strategy

    There are many successful Franchise systems that operate responsibly and support their Franchisees. The Franchisors have invested in their business, staff training, research and development and look to ways to improve their system for the benefit of the brand.
    AustraliaCorporate/Commercial Law
    Wisewoulds
    Wisewoulds
  • Article

    Why can't I sue the Franchisor? – Exit Strategies

    Issues to consider when entering - an attempting to end - a franchise agreement.
    AustraliaCorporate/Commercial Law
    Wisewoulds
    Wisewoulds
  • Article

    Whipping Up A Tort: Actions Based On Privacy

    It seems to me that, having regard to current conditions in this country, and developments of the law in other common law jurisdictions, the time is ripe for consideration whether a tort of invasion of privacy should be recognised in this country, or whether legislatures should be left to determine whether provisions for a remedy for it should be made.
    AustraliaLitigation, Mediation & Arbitration
    Wisewoulds
    Wisewoulds
  • Article

    Running (On Empty) Accounts: The Law Relating To Running Accounts

    The term "running account" will be familiar to most businesses which engage in the supply of goods and services.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Wisewoulds
    Wisewoulds
  • Article

    Recovering Unfair Preference Payments - Issues Arising From The Operation Of PT 5.7B Of The Corporations Act 2001

    For a liquidator to recover payments, made by a company to creditors, as unfair preference payments pursuant to section 588FA of the Corporations Act 2001 ("the Act"), he or she must be able to establish, amongst other things, that the company and the creditor were parties to the "transaction".
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Wisewoulds
    Wisewoulds
  • Article

    I Could Tell You But You Might Deny My Claim: Insurance Contracts Act 1984 (Cth) And The Duty Of Disclosure

    The Australian Law Reform Commission (ALRC) was instructed by the Attorney-General in 1976 to assess the state of the law in respect of insurance contracts.
    AustraliaInsurance
    Wisewoulds
    Wisewoulds
  • Article

    Transmission Of Business Under WorkChoices

    The Federal Government's new workplace relations laws, introduced by the Workplace Relations Amendment (WorkChoices) Act 2005, came into force amid much fanfare on 27 March 2006.
    AustraliaEmployment and HR
    Wisewoulds
    Wisewoulds
  • Article

    "Stop The Case, I Want To Get Off": Dealing With Large And Complex Claims (That Didn’t Start Out That Way)

    Commercial Litigation is often viewed, especially by your clients, as open warfare. The pattern in which most litigation is conducted resembles something like what is known as Second Generation Warfare.
    AustraliaCorporate/Commercial Law
    Wisewoulds
    Wisewoulds

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