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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Doing Business in Australia

The Australian Government welcomes foreign investment. With well-developed infrastructure, a stable political environment, robust economy and easy access to Asia Pacific, Australia is an ideal investment location for foreign companies looking to grow internationally. There are important considerations for foreign investors to make when deciding on how to enter the Australian market. Whether it’s the […]

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Class Action against Local Government

In a class action proceeding against a local government for a claim in debt, the plaintiff made an application to strike out parts of the local government’s defence and counter claim that sought to rely on the principles of ‘change of position’, a defence associated with restitution. The application by the plaintiff was dismissed and […]

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Cultural Heritage – obligations on Qld entities

Images of the world famous Notre Dame cathedral on fire clearly raised many emotional responses for Australians. The images no doubt causing many to lament so much history and culture being destroyed in an instant. Yet few appreciate the parallels between a tragedy in a European cathedral and the regular destruction of indigenous cultural heritage […]

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Modern Slavery Act – impact on Local Government

The Modern Slavery Act 2018 (Cth) (‘Act’) commenced on 1 January 2019 and requires organisations with an annual consolidated revenue of more than $100 million to report annually on the risks of modern slavery within their supply chain. The Act is similar to the UK legislation. Organisations will be required to submit their first report after the […]

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Public servants can be liable for social media posts

In the landmark case of Comcare v Michaela Banerji[1] handed down on Wednesday, the High Court unanimously overturned a ruling that the Department of Immigration and Citizenship imposed an unjustified burden on the implied freedom of political communication when dismissing Banerji because of her contentious political tweets.   Background While employed at the Department of […]

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Successful compliance and enforcement actions

Compliance and enforcement is a cornerstone of the implementation of the laws and policies administered by government departments and authorities. Effective compliance and enforcement is important to promote voluntary compliance and deter and penalise non-compliance. Compliance and enforcement activities are particularly important where non-compliance can have serious impacts on third parties and the public interest, […]

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The future of litigation in Queensland – eDiscovery and eTrials

Litigation can be costly. In particular, the discovery stage can form one of the most expensive phases of the litigation process. The Court and practitioners alike are increasingly turning to technological solutions to reduce the time and cost of the discovery process. Taking into account such factors, Gadens were recently involved in a proceeding in […]

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The Model Litigant post the Hayne Royal Commission – walking a tightrope?

A great deal has already been written about the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry (the Banking Royal Commission) and the scandals which emerged throughout. Commissioner Hayne’s ire (and that of the public and media) was felt by many, including the regulators, the Australian Securities and Investments Commission (ASIC) and […]

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Government contracts and future discretions

People rightly expect freely negotiated contracts to be honoured. When a contract is with government, the expectation is not lessened. Indeed, it is accompanied by the reasonable expectation (if not the obligation) that the agreement will be administered fairly and according to law. The government’s failure to meet these expectations creates a form of sovereign […]

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The Importance of Sticking to the Letter of the Agreement

Contracting by Government can be a minefield, with the usual commercial considerations overlaid by expectations on Government to contract in good faith, be model litigants in the event of a dispute and achieve an outcome that meets it obligations to the public. In traversing that minefield, it can be tempting to only superficially deal with […]

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The duty of care of a public authority

A recent Queensland decision[1] raises the important issue as to when a pubic authority, in the exercise of its statutory powers, will owe a common law duty of care to the public. In 2012, a three-year old child was hit and fatally injured in the carpark area of a Hungry Jack’s restaurant complex. The driver […]

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