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  • Article

    Creditors should think twice before alleging misleading and deceptive conduct in an insolvency context

    They face a high evidentiary burden to sue a director of a company in liquidation for misleading and deceptive conduct.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    How long is a piece of string? - "reasonably practicable" guidelines released by Safe Work Australia

    Safe Work Australia released guidelines on how to interpret the concept of "reasonably practicable" in the workplace.
    AustraliaEmployment and HR
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    Leave loading payable on termination

    The NSW Local Court confirmed that any entitlement to leave loading was also payable upon termination of employment.
    AustraliaEmployment and HR
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    When are employer policies incorporated into employment agreements?

    The case found for the employer in relation to alleged breaches of an employment agreement and implied employer duties,.
    AustraliaEmployment and HR
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    Work Health and Safety Update - Are you still across it all?

    The purpose of this article is to let readers know of some of the more recent developments in WHS laws.
    AustraliaEmployment and HR
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    Leaky Unlicensed Dam Approved By Court

    A discussion of the recent judgment in Shaw v The Minister Administering the Water Management Act 2000.
    AustraliaEnergy and Natural Resources
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    Valuer negligence – The NSW Court of Appeal comments on the no transaction defence

    A lender may only need to demonstrate that it relied on the negligent misrepresentation (valuation), and suffered loss.
    AustraliaFinance and Banking
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    Federal Court holds that Tax Commissioner can recover tax debts of Cayman Islands Company from its Australian assets

    The Commissioner could use the Model Law implemented under the Cross-Border Insolvency Act to recover Australian funds.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    The High Court rules on extensions of time to bring voidable transaction proceedings

    This decision clarified the Corporations Act time limits for the commencement of proceedings for voidable transactions.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    Off-the-plan contracts and UCT provisions: Take it or leave it?

    The UCT extension may end up becoming more challenging to small business developers intending to sell off-the-plan.
    AustraliaReal Estate and Construction
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    Off-the-plan contracts and UCT provisions: Take it or leave it?

    The unfair contract term provisions of the Australian Consumer Law now extend to standard form small business contracts.
    AustraliaReal Estate and Construction
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    Legal professional privilege over bullying investigation report upheld by Fair Work Commission

    Legal professional privilege can be used to protect the confidentiality of workplace disciplinary investigations.
    AustraliaLitigation, Mediation & Arbitration
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    Liquidator's consent of significant weight in an application to terminate a winding up order

    This judgment is a helpful summary of principles associated with an application to terminate the winding-up of a company.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    Should I stay or should I go? - execution of a writ of possession of property

    The Supreme Court of NSW has a wide discretion to stay the execution of a writ of possession.
    AustraliaLitigation, Mediation & Arbitration
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    The Matrix of a Liquidator’s Examination – Affidavit Disclosure and Other Issues

    This case provides some helpful guidance for liquidators in relation to the required level of disclosure for affidavits.
    AustraliaLitigation, Mediation & Arbitration
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    Employee complaints may result in adverse action claims

    Employers should now exercise caution when disciplining or dismissing employees who have made complaints in the past,.
    AustraliaEmployment and HR
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    Strengthening the weakest link – interaction between anti-bullying laws, WHS and other claims

    The scope of the new anti-bullying laws is far reaching and could hit businesses from different angles at the same time.
    AustraliaEmployment and HR
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    Unfair dismissal claim dismissed because executive-level manager not covered by modern award

    The employee was not covered by a modern award, so was not protected from unfair dismissal under the Fair Work Act 2009.
    AustraliaEmployment and HR
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    Managed Investment Schemes - Contracting Out of Rights conferred by Legislation

    The High Court held that members of a managed investment scheme could not bargain away the rights conferred by the Act.
    AustraliaFinance and Banking
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    Privilege in work health & safety matters - caution required

    Privilege may arise because the dominant purpose of document creation may be possible litigation or for legal advice.
    AustraliaLitigation, Mediation & Arbitration
    Kemp Strang Lawyers
    Kemp Strang Lawyers

Showing 61–80 of 195 results

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