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  • 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
  • Article

    When is a worker bullied - at work? Full Bench defines key terminology

    The FWC provided some important guidance on the definition of the term "at work" for the purposes of the Fair Work Act.
    AustraliaEmployment and HR
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    High Court Decision On Proportionate Liability

    The decision has ramifications for lenders in professional negligence litigation, particularly claims against valuers.
    AustraliaLitigation, Mediation & Arbitration
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    Tis' 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 Banking
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    Tis' 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 Banking
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    Alcohol-fuelled misconduct at work functions

    This FWC decision highlights a number of issues for employers to consider regarding work functions in the festive season.
    AustraliaEmployment and HR
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    Be prepared or be caught in the web of workplace bullying

    A Case Management Model and Benchbook provide useful information on the way that the FWC will deal with bullying claims.
    AustraliaEmployment and HR
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    Long forgotten workplace bullying could come back to haunt you

    The FWk Commission has confirmed that bullying which occurred before the new laws took effect can be taken into account.
    AustraliaEmployment and HR
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    Record penalties in sham contracting case

    The bus company wrongly represented to six of its 22 drivers that they were independent contractors and not employees.
    AustraliaEmployment and HR
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    The Coalition’s Paid Parental Leave Policy

    Mothers will be paid 26 weeks of paid parental leave, at their actual or the national minimum wage, plus superannuation.
    AustraliaEmployment and HR
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    Workplace Gender Equality Act 2012: a new Act and a new Agency

    The new act aims to strengthen the focus on gender equality, extend coverage to men, and increase reporting obligations.
    AustraliaEmployment and HR
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    Loose lips sink ships: ASIC’s report on the handling of confidential information in light of pending corporate transactions

    ASIC did not impose new standards or guidance, but reiterated the importance of adhering to the current market guidance.
    AustraliaFinance and Banking
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    High Court Upholds Primacy of Liquidator's Lien

    Yesterday the High Court handed down a decision in a case involving competing priorities on a fund.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    Courts re-affirm their pro-arbitration stance

    This recent Federal Court decision re-affirmed the pro-arbitration stance being implemented by the Australian courts.
    AustraliaLitigation, Mediation & Arbitration
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    Powers of Liquidators of Landlords to Disclaim Leases

    A recent Victorian case has confirmed that a liquidator of a landlord can disclaim a lease so as to terminate a lease.
    AustraliaReal Estate and Construction
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    Update on Coalition proposed Workplace Relations Policy

    The policy proposes to retain the current system of workplace regulation, with "incremental and evolutionary changes".
    AustraliaStrategy
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    Case Summary: Bank guarantees: National Australia Bank Ltd v John Albert Rose [2016] VSCA 169

    The decision provided guidance about the importance of bankers' duties to guarantors under the Code of Banking Practice.
    AustraliaFinance and Banking
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    Can 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 Banking
    Kemp Strang Lawyers
    Kemp Strang Lawyers
  • Article

    Retail 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 Construction
    Kemp Strang Lawyers
    Kemp Strang Lawyers

Showing 81–100 of 195 results

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