Articles
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14 February 2013
Corporate Governance
Company dividends - The Government rethinks
The Government has foreshadowed a further amendment to regulate the declaring of a dividend
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06 February 2013
Workplace Law & Culture
So, what are my workers: employees or contractors?
This bulletin examines various criteria to determine if a worker is an employee or contractor, as reviewed a recent case.
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04 February 2013
Deceased Estates
Family provision - are parents obliged to provide for an estrange…
Every family provision claim is different and is judged upon the facts, and the needs of the claimant and beneficiaries.
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14 January 2013
Wills & Estate Planning
Failure to act promptly to finalise the will - A costly mistake!
The lawyer was found negligent for failing to act promptly in the finalisation of a Will and liable to a beneficiary.
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14 January 2013
Workplace Law & Culture
Forecast 2013: The year ahead for workplace relations and workpla…
2013 will continue to see the development of workplace laws but in the main there is unlikely to be any dramatic changes.
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08 January 2013
Dispute Resolution & Advisory
Fair share not an option (for owners of share options)
The case highlights a lack of remedies for owners of share options who suffer loss as a result of company management.
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07 January 2013
Workers Compensation
Impairment claims from psychiatric injury prior to 1 January 2002…
There has been a debate about the calculation of psychiatric impairment claims from injuries both before and after 2002.
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19 December 2012
Public Liability
Workers Compensation Update: Offers of compromise in WID matters
Offers of compromise made after a certificate of mediation have no practical impact in work injury damages claims.
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05 December 2012
Dispute Resolution & Advisory
The price of beauty is high - resale price maintenance
The Bulletin examines the illegal practice of resale price maintenance and penalties imposed by the Courts and the ACCC.
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04 December 2012
Dispute Resolution & Advisory
Avoiding disputes about dispute avoidance clauses
When including an ADR clause in a contract, it must be drafted with clarity, precision and meets the intended purpose.
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20 November 2012
Dispute Resolution & Advisory
Relying on fact or fiction - Court finds insider trading
This judgment raises the bar in defending alleged breaches of the insider trading provisions of the Corporations Act.
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07 November 2012
Deceased Estates
International wills for a global community - A word of caution fo…
The rules relating to testamentary succession vary greatly between countries and sometimes even within a country.
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05 November 2012
Workers Compensation
How to deal with lump sum claims under the 2012 amendments
The amendment effectively removes any entitlement to lump sum compensation for a permanent impairment less than 11% WPI.
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31 October 2012
Workplace Law & Culture
Workers' WH&S obligations are not to be ignored
Workers also have a very important role to play in ensuring their own safety and that of others in the workplace.
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16 October 2012
Dispute Resolution & Advisory
International online trade mark infringement - Risking a big 'net…
Website owners and online retailers must ensure website content is carefully worded to avoid foreign trade mark laws.
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12 October 2012
Workplace Law & Culture
Court of Appeal explains connection between employment and injury
The Court held that the relevant test for determining the connection between employment and the injury is an objective one.
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09 October 2012
Workplace Law & Culture
How can you defend an employee's claim for adverse action?
The High Court provides valuable guidance on the proper application of the adverse action provisions in the Fair Work Act.
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08 October 2012
Dispute Resolution & Advisory
Lessors beware - Make requests specific and reasonable - assignme…
A recent NSW decision provides important guidance for all parties involved in proposed assignment of retail leases.