Articles
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12 June 2014
Finance & Capital
When is a release not a release (and settlement of debt)?
This case is a good reminder to take care when negotiating a settlement to a dispute involving a number of co-sureties.
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12 June 2014
Personal Property Securities
The hire industry's submission to the Whittaker Review of the PPS…
The Hire & Rental Industry Association and the Elevating Work Platform Association have lodged a submission to the review.
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11 June 2014
Work Health & Safety
Is it too late to transition workers to the new weekly compensati…
WIRO considered the problem of validly transitioning weekly payment entitlements of an existing recipient of compensation.
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05 June 2014
Workplace Law & Culture
The fight for talent: all is fair in love and war - employment co…
Many businesses prosper by their capacity to lure the best and brightest away from their competitors to work with them
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26 May 2014
Workplace Law & Culture
Care and common-sense in safety in the workplace
The duty to ensure safety, so far as is practicable, is more likely if the business can show a strong safety culture.
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19 May 2014
Dispute Resolution & Advisory
A principal's antidote to adjudication - recourse to security?
This decision may provide an effective alternative for a principal who is disappointed by an adjudicator?s determination.
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16 May 2014
Work Health & Safety
High Court decides the Goudappel appeal for workers compensation
Mr Goudappel?s entitlement to lump sum impairment compensation was extinguished as he did not meet the 11% WPI threshold.
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12 May 2014
Dispute Resolution & Advisory
How not to get caught by security of payment changes in the build…
Principals and head contractors need to ensure their systems for payment can cope with the mandatory payment timeframes.
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05 May 2014
Dispute Resolution & Advisory
A wider scope for liquidators to attack unreasonable director-rel…
A transaction which benefits another company in which the director is a shareholder may now be attacked by a liquidator.
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29 April 2014
Personal Property Securities
PPSA bites the hire industry again. But will the government tame…
Hire businesses will be hoping that the Whittaker review eventually leads to an outcome ameliorating the impact of PPSA.
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28 April 2014
Corporate Governance
Shareholders' agreement or constitution - which document prevails…
Review both documents to ensure that the intention in the shareholders? agreement is not frustrated by the constitution.
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28 April 2014
Public Liability
Apportionment of defendants' costs in workers compensation litiga…
Costs exposure in multi-defendant work injury litigation may not be reduced to take account of the insured?s negligence.
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24 April 2014
Work Health & Safety
Resurrection of journey claims of personal injury and workers com…
There must be a 'real and substantial connection? between work and the accident or incident of the compensation claim.
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16 April 2014
Wills & Estate Planning
Courts warn - inheritance is not an entitlement for family provis…
Courts respect the freedom of willmakers to dispose of their assets to whomever, and interfere only to a minimum extent.
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03 April 2014
Work Health & Safety
High Court upholds Court of Appeal decision about an injury at a…
The Court held the relevant test for determining the connection between employment and the injury is an objective one.
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31 March 2014
Just sign here - waiving the right to make a family provision cla…
You may release your right to make a claim for provision from a deceased estate, but it must be approved by the Court.
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27 March 2014
Workplace Law & Culture
No more 'foxing' on social media - tips for employers and employe…
The potential of cyber-bullying highlights the need of a holistic approach to regulating social media use by employees.
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17 March 2014
Workplace Law & Culture
David and Goliath: the High Court battle looms - for mutual trust…
Should Australian courts acknowledge the existence of mutual trust and confidence to be implied in employment contracts?