Large retailers may be given the green light to collectively purchase electricity

You may or may not have seen in the media that on 20 September 2019 the Australian Competition and Consumer Commission (ACCC) released a draft determination and interim authorisation giving members of the Large Format Retail Association (LFRA) a green light to begin the initial steps to collectively negotiate to purchase electricity. Members of the […]

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Fine Dining Room or Dining Room Fined?

At the moment, we have a perfect storm of Australian culture and the economy making for headlines. There is an extensive focus on food and fine dining spilling over to reality television shows and the cult of the celebrity chef generating pages of newspapers, magazines and hours of television. This has also involved a competitive […]

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Ill or injured employees: when is termination ‘valid’?

In the recent decision of Jack v Sigma Healthcare T/A Sigma Healthcare [2019] FWC 6364 (13 September 2019) the Fair Work Commission (Commission) has determined that an employee who was dismissed by her employer, Sigma Healthcare (Sigma), after she sustained an injury outside of work and could no longer perform the inherent requirements her job, […]

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Use of electronic signatures: reinforcing the need for a clear understanding

Following on from our previous e-update on the use of electronic signatures, the recent case of Bendigo and Adelaide Bank Ltd & Ors v Kenneth Ross Pickard & Anor [2019] SASC 123 (the Pickard Case) confirms our earlier comments that it would be preferable for a company to execute a Deed using a wet-ink signature. […]

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Send it to the right person: the importance of accurate notices terminating options

In JPA Finance Pty Ltd v Gordon Nominees Pty Ltd,[1] the Supreme Court of Victoria held that a notice purportedly terminating an option to purchase 20 units in a trust for $2.3M was invalid. This was because it was not addressed in accordance with the contract. Instead of being addressed to the company care of its lawyers, […]

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When privileged documents are stolen and disseminated: an analysis of the High Court’s decision in Glencore

In Glencore International AG v Commissioner of Taxation [2019] HCA 26, the High Court considered whether Glencore could restrain the Commissioner of Taxation from making use of certain privileged documents.  Interestingly, the privileged documents in question were stolen as part of a cyberattack from Glencore’s solicitors and disseminated amongst the “Paradise Papers”.   Background Solicitors acting for the […]

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Involved or not involved? That is the question for partners.

It is well established that the privilege against self-incrimination and privilege from exposure to civil penalties can be claimed by natural persons and are not available to corporations. However, the position is not yet settled insofar as it relates to partnerships. More specifically, whether all partners can claim the privileges or whether it can only […]

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Trade promotions update | record keeping: a guide

Here is an overview of 2019 record keeping needed for chance trade promotions lotteries, Trade Promotions Update | Record Keeping: A Guide.   What do you need to keep? Each state/territory in Australia (except Tasmania) has its own requirements on what records must be kept for trade promotions. In summary, you’ll need to keep all […]

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Federal Government and Cadbury seek leave to appeal Federal Court decision that left bad taste in employers’ mouths

The Federal Government and major employer Mondelez, who operates a Cadbury plant in Tasmania, will seek leave to appeal last month’s landmark Full Federal Court decision regarding paid personal/carers’ leave, to the High Court. The decision concerned the meaning of the word “day” for the purpose of the entitlement to 10 days paid personal/carer’s leave […]

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Life cycle of litigation beyond life: deceased estates

What do you do when there is no-one to sue? In the Supreme and County Courts in Victoria, there is a civil procedure when the defendant is deceased or dies and a cause of action survives. See below our overview of this procedure. Click here to view the full size PDF.           […]

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(Not) Married at first sight: de facto relationships explored

In Australian society today, there is an increasing number of people living in what would be legally considered to be a de facto / domestic relationship known as a “de facto relationship”. Why is it important to determine? Many de facto relationships in Australia have the same legal rights as married couples.   What is […]

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Bellamy’s cry for “cost capping” in competing McKay and Basil class actions dismissed by the Full Court of the Federal Court

On 23 August 2019, the Full Court of the Federal Court in Bellamy’s Australia Limited v Basil [2019] FCAFC 147 (Bellamy’s) unanimously dismissed the applicant’s application for leave to appeal “costs capping” orders, initially rejected by the primary judge at first instance. Bellamy’s Australia Limited (BAL) is the respondent to two class actions: McKay Super […]

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