Articles
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14 December 2006
Insolvency
Insolvency and administration: I lose, you pay - last minute adj…
One factor which weighs heavily in the mind of hostile creditors is the costs of the contested adjournment application.
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05 December 2006
Workplace Law & Culture
Celebrations turned sour - sexual harrassment at the workplace Ch…
The following scenario, with names changed to protect the guilty, illustrates the countless liabilities that may arise from a seemingly harmless staff celebration.
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30 November 2006
Work Health & Safety
Medical Reports - Revisited: workers compensation & the claims ma…
We discuss Oz Cabs Pty Limited v Boadu [2005].
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24 November 2006
Wills & Estate Planning
Wills and Estates Law Update - terminating trusts set up under a…
Trust structures set up by deed or by Will for a particular purpose may outlive their desired objective
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14 November 2006
Workplace Law & Culture
High Court decision on Work Choices sees State industrial relatio…
After a hard fought six day hearing in May the High Court has just handed down its decision on the most important Constitutional case in decades
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09 November 2006
Property
Smoke alarms - obligations for real estate vendors
One can be excused for not being too happy about the new record keeping and pay slip obligations under Work Choices.
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09 November 2006
Dispute Resolution & Advisory
When more is less - the rise of proportionate liability
Until recently, as a general rule the greater the number of potential defendants to an action the greater the likelihood of a full recovery.
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27 October 2006
Work Health & Safety
Workers compensation: approved medical specialist certificates ch…
Since 2002 disputed impairment claims have been determined via approved medical specialist (AMS) assessment.
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10 October 2006
Contracts & Procurement
Confidentiality Agreements and the Standard Salad Sandwich: issue…
We are often asked to prepare a standard confidentiality agreement. There is really no such thing.
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05 October 2006
Workplace Law & Culture
Paper work, paper work and more damn paper work: record keeping o…
One can be excused for not being too happy about the new record keeping and pay slip obligations under Work Choices.
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03 October 2006
Wills & Estate Planning
Wills & Estates Law Update: new succession legislation for NSW
When audit time comes around, it is normal practice for a company to ask its lawyers to send a "solicitor?s representation letter" to its auditors.
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29 September 2006
Taxation
Customs duty overpaid on bonded goods in the transition to free t…
The Australian Customs Service and certain importers of goods from the US disagreed as to the transitional effect of AUSFTA.
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22 September 2006
Dispute Resolution & Advisory
Solicitor's representation letters - can auditors be required to…
The Succession Bill 2006 passed through the Legislative Assembly on 26 September 2006 and will be debated soon.
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11 September 2006
Property
An avenue closes for owner initiated acquisitions of reserved ...
Owners of land designated for acquisition under an environmental planning instrument can no longer force the responsible authority to acquire the land based on that fact alone.
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01 September 2006
Wills & Estate Planning
Wills & Estates Law Update: succession law changes & case law on…
The law of Wills in New South Wales is about to be changed as part of the overall push for uniform succession laws throughout Australia.
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28 August 2006
Property
Beware - Unintended Retail Leases
A recent decision of the Administrative Decisions Tribunal found that an application-for-lease letter could still give rise to a 5 year lease
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24 August 2006
Work Health & Safety
Right to weekly compensation on termination of employment
If an injured employee, suffering no wage loss, is terminated for reasons unrelated to an injury, or, accepts voluntary redundancy, is there an ongoing liability to pay weekly payments?
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17 August 2006
Workplace Law & Culture
Employment contracts & entitlements on termination
Two recent decisions of the Federal Court of Australia illustrate the importance of the contract of employment to assessing entitlements on termination.