ArticleManaged Investment Schemes - Contracting Out of Rights conferred by LegislationThe High Court held that members of a managed investment scheme could not bargain away the rights conferred by the Act.AustraliaFinance and BankingKemp Strang Lawyers
ArticlePrivilege in work health & safety matters - caution requiredPrivilege may arise because the dominant purpose of document creation may be possible litigation or for legal advice.AustraliaLitigation, Mediation & ArbitrationKemp Strang Lawyers
ArticleWhen is a worker bullied - at work? Full Bench defines key terminologyThe FWC provided some important guidance on the definition of the term "at work" for the purposes of the Fair Work Act.AustraliaEmployment and HRKemp Strang Lawyers
ArticleHigh Court Decision On Proportionate LiabilityThe decision has ramifications for lenders in professional negligence litigation, particularly claims against valuers.AustraliaLitigation, Mediation & ArbitrationKemp Strang Lawyers
ArticleTis' the Season – for cashflow lending - Is there a case for seasonally adjusted covenants?We consider if there is a case for preparing and including seasonally adjusted covenants in a cashflow lending context.AustraliaFinance and BankingKemp Strang Lawyers
ArticleTis' the season – Is there a case for seasonally adjusted covenants?Retailers provide a great example of a business with seasonal or cyclical working capital requirements.AustraliaFinance and BankingKemp Strang Lawyers
ArticleAlcohol-fuelled misconduct at work functionsThis FWC decision highlights a number of issues for employers to consider regarding work functions in the festive season.AustraliaEmployment and HRKemp Strang Lawyers
ArticleBe prepared or be caught in the web of workplace bullyingA Case Management Model and Benchbook provide useful information on the way that the FWC will deal with bullying claims.AustraliaEmployment and HRKemp Strang Lawyers
ArticleLong forgotten workplace bullying could come back to haunt youThe FWk Commission has confirmed that bullying which occurred before the new laws took effect can be taken into account.AustraliaEmployment and HRKemp Strang Lawyers
ArticleRecord penalties in sham contracting caseThe bus company wrongly represented to six of its 22 drivers that they were independent contractors and not employees.AustraliaEmployment and HRKemp Strang Lawyers
ArticleThe Coalition’s Paid Parental Leave PolicyMothers will be paid 26 weeks of paid parental leave, at their actual or the national minimum wage, plus superannuation.AustraliaEmployment and HRKemp Strang Lawyers
ArticleWorkplace Gender Equality Act 2012: a new Act and a new AgencyThe new act aims to strengthen the focus on gender equality, extend coverage to men, and increase reporting obligations.AustraliaEmployment and HRKemp Strang Lawyers
ArticleLoose lips sink ships: ASIC’s report on the handling of confidential information in light of pending corporate transactionsASIC did not impose new standards or guidance, but reiterated the importance of adhering to the current market guidance.AustraliaFinance and BankingKemp Strang Lawyers
ArticleHigh Court Upholds Primacy of Liquidator's LienYesterday the High Court handed down a decision in a case involving competing priorities on a fund.AustraliaInsolvency/Bankruptcy/Re-StructuringKemp Strang Lawyers
ArticleCourts re-affirm their pro-arbitration stanceThis recent Federal Court decision re-affirmed the pro-arbitration stance being implemented by the Australian courts.AustraliaLitigation, Mediation & ArbitrationKemp Strang Lawyers
ArticlePowers of Liquidators of Landlords to Disclaim LeasesA recent Victorian case has confirmed that a liquidator of a landlord can disclaim a lease so as to terminate a lease.AustraliaReal Estate and ConstructionKemp Strang Lawyers
ArticleUpdate on Coalition proposed Workplace Relations PolicyThe policy proposes to retain the current system of workplace regulation, with "incremental and evolutionary changes".AustraliaStrategyKemp Strang Lawyers
ArticleCase Summary: Bank guarantees: National Australia Bank Ltd v John Albert Rose [2016] VSCA 169The decision provided guidance about the importance of bankers' duties to guarantors under the Code of Banking Practice.AustraliaFinance and BankingKemp Strang Lawyers
ArticleCan a borrower sue a lender after discharge of its mortgage?This reinforces existing authority that, when a borrower pays out its mortgage, it has limited rights against the lender.AustraliaFinance and BankingKemp Strang Lawyers
ArticleRetail leases changes: For better or worse?This Bill intends to give effect to recommendations to 'help level the playing field between tenants and landlords...'.AustraliaReal Estate and ConstructionKemp Strang Lawyers