Trouble at the bank of mum and dad
Gift or loan? Families can be litigious when they fall out but good practice at the outset can keep it out of court.
By Anneka Frayne - 7 min read
Tips for claiming legal professional privilege over investigation reports
There are many practical measures that can be taken to assist in structuring a workplace investigation to maximise the chances of attracting privilege. By PAULA…
By Paula Hoctor and Aoife Sweeney - 7 min read
Facing the death penalty under a China-Australia extradition treaty
Australia may soon be able to extradite individuals to China if China undertakes that the death penalty will not be imposed or, if imposed, will…
By Stephen Tully - 7 min read
Executive employment claims: a contractual perspective
Contractual principles of incorporation sit uneasily with many employment benefits. Instead, there is an increasing openness on the part of the courts to imply a…
By Jack de Flamingh - 8 min read
When changes to the law affect rights under contract
The High Court confirms that the purpose of a contract and context in which it was reached are highly relevant to contractual interpretation. By PAUL…
By Paul Martin - 4 min read
Consequences of inaccurate costs estimates and negligently performed work
In 2018 there were a number of important cases which illuminated issues in relation to legal costs. By MICHELLE CASTLE and ANDREW BAILEY.
By Michelle Castle and Andrew Bailey - 6 min read
Application of clause 4.6 of the Standard Instrument – analysis of recent case law
The power of a consent authority to vary a development standard under clause 4.6 of the Standard Instrument is an important aspect of planning regulations…
By Michael Mantei - 6 min read
Arbitration in family property proceedings: exploring the potential
New arbitration rules commence at the beginning of April, creating a comprehensive framework for the resolution of property disputes under the Family Law Act. By…
By Patrick Parkinson - 6 min read
The casual conundrum: casual employment in the Fair Work world
The Fair Work Act’s provisions pertaining to long-term casuals are giving rise to curious outcomes, with casuals receiving conflicting and sometimes arbitrarily determined employment benefits…
By Luis Izzo - 7 min read
Arbitrarily detained: what the UN opinion means for Julian Assange
A United Nations body determined that Sweden and the United Kingdom violated international norms by arbitrarily detaining Julian Assange. By STEPHEN TULLY.
By Stephen Tully - 7 min read
Post-employment restraint after repudiation of an employment contract
Can a party who has repudiated a contract of employment still enforce post-employment restraints? By ABRAHAM ASH and ELODIE CHEESMAN.
By Abraham Ash and Elodie Cheesman - 7 min read