Gadens recently hosted an informative cyber themed panel event, hearing from Robert Feldman (Gadens), Mike Andrea (Oper8 Global), Darren Hopkins (McGrath Nicol) and Trent Nihill (Emergence) where the panel drew on their extensive experience from different industries to reflect on the high profile data breaches from 2022 and the implications for business in 2023 and […]
ReadmoreMcEwan v Merrin (Magistrate) & Ors [2023] QSC 6 is a judgment by Brown J in the Supreme Court of Queensland where the matter for decision was whether leave should be given to issue a claim and statement of claim (together, the claim) under rule 15 of the Uniform Civil Procedure Rules 1999 (Qld) (UCPR). […]
ReadmoreIn a recent case involving Savannah AG Research Pty Ltd (Savannah), the Federal Court of Australia considered an application for relief by Savannah’s majority shareholder under section 447A(1) or section 447C(2) Corporations Act 2001 (Cth) which alleged that the directors did not hold a genuine opinion Savannah was insolvent or likely to become insolvent and […]
ReadmoreIn Reel Action Sports Fishing Pty Ltd v Marine Engineering Consultants Pty Ltd, [1] the Court offered a timely warning to liquidators of the dangers of adopting and acting on an incorrect understanding of the ownership of contested property. The Court ordered damages against the liquidator personally, despite his position as agent for the company […]
ReadmoreSince the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 was passed by Parliament on 2 December 2022, several key aspects of the Federal Government’s reforms to the Fair Work Act 2009 (Cth) (FW Act) have already commenced. They include provisions providing for the sunsetting of pre-Fair Work Act ‘zombie agreements’ at the […]
ReadmoreButtressed by the record tax windfall from commodity exports, the second Chalmers Budget shirks the responsibility to pursue substantive tax reform and defaults to a series of measures which, whilst preserving a sense of political “Chalm”, appear lacking in coherent policy direction or strategy. On a night when a tax avoidance scandal cost the Government […]
ReadmoreThis month’s edition of the Corruption and Integrity Update considers updates from the Councillor Conduct Tribunal, summarises a number of Legal Services Commissioner judgments, outlines the latest feedback from the Queensland Ombudsman, and provides an update on some of the recommendations flowing from the Coaldrake Report. Councillor Conduct Tribunal On 11 April 2023, the Councillor […]
ReadmoreThe High Court of Australia recently handed down its judgment in the matter of Realestate.com.au Pty Ltd v Hardingham, RP Data Pty Limited v Hardingham [2022] HCA 39, which revisited the law around implied terms in informal contracts. Background Mr Hardingham is a professional photographer and sole director of Real Estate Marketing Australia Pty Ltd (REMA) (together, […]
ReadmoreFrom 9 November 2023 the Unfair Contract Terms regime will have real teeth and apply to more contracts. From then, large penalties can apply for use of unfair contract terms. The regime applies to consumer contracts and small business contracts. Standard form business contracts will generally be covered if one party has fewer than 100 […]
ReadmoreOn 9 March 2023 the Victorian Civil and Administrative Tribunal (VCAT) has sought to settle a much contested area of law in respect to the review of a valuation of land in the preliminary decision in S & JG Investments Pty Ltd v Valuer-General Victoria (Land Valuation) [2023] VCAT 246 (S & JG Investments). In […]
ReadmoreThe well-publicised dispute involving independent Federal Parliamentarian, Monique Ryan and her former Chief of Staff, Sally Rugg has brought the legal issue of what constitutes reasonable additional hours to the forefront. Many experts believe that this case will open the floodgates to widespread litigation as more Australian employees become aware of their potential exploitation in […]
ReadmoreThe third edition of the National Integrity Spotlight considers updates to the Australian Criminal Intelligence Commission, an overview of recent Australian Commission for Law Enforcement Integrity operations, details from the OECD convention on Combatting Bribery Foreign Public Officials in International Business Transactions, developments from the Senate Inquiry into ASIC Investigation and Enforcement, and confirmation of […]
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