Articles
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20 October 2015
Dispute Resolution & Advisory
Social media in the courts: dealing with defamation
The case illustrates how easy it is to publish material using social media, and to become embroiled in a defamation claim.
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09 October 2015
Dispute Resolution & Advisory
The importance of a well-drafted security clause in procurement c…
A well-drafted security clause gives a principal the right to call on the security immediately, if the supplier defaults.
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09 October 2015
Contracts & Procurement
Indemnities and commercial contracts
An indemnity clause is often found in commercial contracts, so Council may come across one in its procurement contracts
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09 October 2015
Environment & Planning
SEPP 65 - A brave new world for apartment design!
SEPP 65 ? Design Quality of Residential Apartment Development, and the Apartment Design Guide (ADG) are now finalised.
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09 October 2015
Property
New powers for electricity network operators to undertake works o…
Network operators can now undertake work on council land without the need to acquire an easement, lease or licence.
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09 October 2015
Workplace Law & Culture
What's involved in making a 'fair' decision? - natural justice or…
Natural justice or procedural fairness has three main components: the opportunity to be heard, no bias and based on fact.
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07 October 2015
Public Liability
Court of Appeal finds in favour of Councils in recent civil liabi…
These cases highlight the difficulty facing plaintiffs in succeeding with claims if a council warns of the risk of injury.
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30 September 2015
Dispute Resolution & Advisory
Special purpose liquidators: a tool in the creditor's toolbox in…
The Court can appoint a SPL for a set function in the liquidation of a company when it is 'just and beneficial' to do so.
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25 September 2015
Workplace Law & Culture
Workplace investigations: our tips for responding to allegations…
An employer, when managing an investigation into alleged workplace misbehaviour, must keep control of the process.
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25 September 2015
Personal Property Securities
PPSA Update - the 90 day 'PPS lease' is abolished from 1 October.…
The Personal Property Securities Amendment (Deregulatory Measures) Act 2015 (Act) became an Act on 25 June, 2015 assented to by the Governor-General. The Government has now proclaimed that this Act will commence on 1 October 2015. This means that…
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16 September 2015
Dispute Resolution & Advisory
International Arbitration: Careful or the sheriff might come a'kn…
This case provides a useful demonstration of the issues that can arise on enforcement of an international arbitral award.
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16 September 2015
Corporate Governance
'No Comments Please' - limits to shareholder activism at AGMs con…
The ability of shareholders to control or comment at AGMs on the board?s exercise of its powers of management is limited.
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01 September 2015
Wills & Estate Planning
The digital age and computer-generated wills - a word of caution!
Computer-generated wills and applications that ignore signing and witnessing formalities can cause more expense and delay.
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28 August 2015
Court considers broad range of issues in mutual will agreement ca…
The Court found no mutual will agreement or testamentary promise, and restated useful principles about such arrangements.
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28 August 2015
Workers Compensation
Court of Appeal knocks out top-up claims for workers compensation
This decision may mean that workers could delay bringing their lump sum compensation claim to ensure maximum benefit.
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26 August 2015
Workers Compensation
Section 59A Workers Compensation Act 1987, where degree of perman…
This decision opens the doors for arbitrators to determine whether a worker?s injury has resulted in permanent impairment.
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19 August 2015
Dispute Resolution & Advisory
Statutory demands - a cheap and effective way to recover a debt,…
An alleged debtor can approach a court for orders to set aside the demand, with costs, if any of the provisos is breached.
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17 August 2015
Dispute Resolution & Advisory
The use of listening devices in NSW - evidence or 'off the record…
The SDA has rules surrounding when the recording of a private conversation can lawfully be used as evidence in court.