Publications
No splitting of action for claims for recovery of repair costs and rental car costs
10-Apr-2013
In a judgment handed down in the NSW Supreme Court, the Court was asked to determine whether an action for recovery of repair costs may be sought by an insurer, under its right of subrogation, after settlement of recovery of rental car costs had been already finalised by consent judgment. Special Counsel Peter Bennett and Graduate Lawyer Madeleine Bertrand review this recent judgement.
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The travails of not stating clearly that sexual harassment is against the law
02-Apr-2013
Ensuring that your organisation has clearly defined policies concerning sexual harassment is something most organisations are on top of. But what happens if that policy falls short on detail? Partner Robin Young looks at what happened when one employer left out important wording and found it was vicariously liable for the actions of an employee.
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How to protect confidential information
02-Apr-2013
How does an employer protect confidential information from misuse by former employees? Partner Robin Young and Senior Associate Nick Read provide a guide for protecting confidential workplace information.
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Horse tales and the Personal Property Security Register
02-Apr-2013
Now that the Personal Property Security Act has been around for just over a year in Australia ~ Partner Simon Della Marta discusses the pitfalls of imperfect registration as different cases come to light.
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A tale of two distributors and copyright lessons to learn
02-Apr-2013
What happens when competitors copy information posted on your website? Partner Tal Williams looks at a case between two Australian companies in a dispute over the use of material taken from the website of one and used by the other.
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Google has won its appeal against the ACCC in the High Court today.
07-Feb-2013
Simon Rigby, Partner
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Further delays to the introduction of new taxes on charity's unrelated commercial activity
04-Feb-2013
Jonathan Casson, Partner
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Issues in the cloud
24-Jan-2013
24 January 2013
Grant Hansen, Partner
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The ACNC: new governance standards and reporting obligations
24-Jan-2013
Jonathan Casson, Partner
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The role of a good general manager
24-Jan-2013
24 January 2013
Author: Tal Williams, Partner
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Fair Work moves on unreasonable claims
05-Nov-2012
Robin Young, Partner and Nick Read, Solicitor in our Workplace Relations group have had an article published in the Human Capital Magazine on a significant recently proposed amendment to the Fair Work Act involves an overhaul of the costs provisions.
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Importance of a concluded agreement
05-Nov-2012
Simon Della Marta, Partner
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Insist on knowing contract provisions
31-Oct-2012
Chris Camillin, Partner
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Retail Leases Amendment Bill 2012 (VIC)
31-Oct-2012
Chris Camillin, Partner
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Leaseholders resist liquidator's disclaimer
31-Oct-2012
Chris Camillin, Partner
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Other acceptable employment: when can your business withhold redundancy payments?
25-Oct-2012
Robin Young, Partner & Nick Read, Solicitor
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Civil Liability Act 2002 (NSW) Schedule of Non-Economic Loss – 2012/13
12-Oct-2012
Bruce Cussen, Partner
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Combating bribery and corruption in business deals – a real issue for Australian companies as the US and UK seek to extend their authority
21-Sep-2012
Tal Williams, Partner
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Keeping Abreast of Public Sector Procurement Frameworks
21-Sep-2012
Dr Tim Smyth, Special Counsel
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Facebook: Networking Tool or Advertising Medium?
21-Sep-2012
Authors: Tal Williams, Partner & Venus Amoro-Njuguna, Senior Associate
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Constitutional heat - air conditioner distribution agreement sparks challenge to constitutional validity of arbitration legislation in Australia
21-Sep-2012
John Wakefield, Partner & Georgina Philpott, Solicitor
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Changes to Landholder Duties in VIC and Comparison to Landholder Duty in NSW
21-Sep-2012
Chris Camillin, Partner & Simon Della Marta, Partner
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Legal requirements of an employer to respond to requests for information in a workers' compensation claim
11-Sep-2012
Rachael Sutton, Partner
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iiNet – a Get out of Jail Free Card for ISPs?
07-Sep-2012
Grant Hansen, Partner
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News - High Court clarifies adverse action test
07-Sep-2012
Robin Young, Partner, Nick Read, Solicitor & Jessica Quinn, Graduate Solicitor
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Health Law Bulletin August 2012
06-Sep-2012
Articles on managing "difficult employees", an update on the Patel case, guidance on causation under the Civil Liability Act, practical transitional issues of the National Health Reform and an update on the Clinical Trial Reform.
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Builder or Contract Manager? A recent Victorian Decision
10-Aug-2012
Chris Camillin, Partner & Jeremy Quah, Associate
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Pitfalls for developers making ‘Off-the-plan’ sales
10-Aug-2012
Chris Camillin, Partner & Jeremy Quah, Associate
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Changes to Directors' Penalty Notices Regime - now includes Superannuation Guarantee payments and personal liability for late lodgment
10-Aug-2012
Simon Della Marta, Partner
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Directors' obligations to be honest are absolute
10-Aug-2012
Tal Williams, Partner
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Carrapetta v Rado NSW Court of Appeal – Validity of a Notice to Complete
10-Aug-2012
Simon Della Marta, Partner
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10 things you need to know about the new work health and safety laws
04-Jul-2012
Robin Young, Partner & Nick Read, Solicitor
Part 14 of 14 - Workplace Health & Safety Update
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To be a Flood or not a Flood: That is the Question
03-Jul-2012
Matthew Baker, Partner & Patrick O'Shea, Associate
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Interpretation of Insurance Policies
27-Jun-2012
Margot Toniato, Senior Associate and William Madani, Solicitor
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A recent domain name dispute
26-Jun-2012
Tal Williams, Partner
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Competing with a former employer
26-Jun-2012
Tal Williams, Partner
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ASIC’S new business name service
26-Jun-2012
Tal Williams, Partner
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Health Law Bulletin June 2012
26-Jun-2012
Articles on Medico-Legal, regulation of health professionals, the not-for-profit reform, the personally controlled electronic health records, aged care and the proposed new code of practice on workplace bullying.
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Update on aged care reforms
26-Jun-2012
Tal Williams, Partner & Dwana Walsh, Solicitor
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Obligations of strata title body corporates under the Work Health and Safety Act 2011
22-Jun-2012
Robin Young, Partner & Nick Read, Solicitor
Part 13 of 14 Workplace Health and Safety Update
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Your responsibilities for volunteers under the Work Health and Safety Act
15-Jun-2012
Robin Young, Partner & Nick Read, Solicitor
Part 12 of 14 Workplace Health and Safety Update
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Damage by Aircraft - Does there need to be “impact”?
22-May-2012
Bruce Cussen, Partner & Scott Holmes, Associate
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Duty of Care and the Civil Liability Act 2002(NSW)
17-May-2012
Scott Holmes, Associate & Manal Hamdan, Associate
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News: High Court Rules on James Hardie Directors
03-May-2012
Jonathan Casson, Partner
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Mandatory Reporting Protections Tested in NSW Court of Appeal
02-May-2012
Zara Officer, Special Counsel
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Did you know that by signing some supply or construction contracts you could be rendering your insurance void?
27-Apr-2012
Tal Williams, Partner
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“A profit of one unit each…”
27-Apr-2012
Chris Camillin, Partner
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Marry in haste, Repent at leisure
27-Apr-2012
Chris Camillin, Partner & Jeremy Quah, Associate
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If a man says his word is as good as his bond – get his bond.
27-Apr-2012
Chris Camillin, Partner
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Restraining employees – Are your restraint clauses enforceable?
26-Apr-2012
Robin Young, Partner and Nick Read, Solicitor
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ACCC appeal and win - Google has engaged in misleading and deceptive conduct
05-Apr-2012
Tal Williams, Partner
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News: NFP Tax Concessions Extended for Another Year
02-Apr-2012
Jonathan Casson, Partner
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A Recent Decision Has Reinforced The Obligations Of Employers
30-Mar-2012
Robin Young, Partner and Ethan Brawn, Solicitor
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Factual Causation in Slipping Cases - Strong v Woolworths Limited [2012] HCA 5
09-Mar-2012
Scott Holmes, Associate
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New Proposed Parental Leave - Dad and Partner Pay
26-Mar-2012
Rachael Sutton, Partner and Calvin Shyam, Paralegal
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A Sensible New Era of Safety Regulation - The WHS Undertaking
15-Mar-2012
Robin Young, Partner and Nick Read, Solicitor
Part 11 of 14 – Workplace Health & Safety Update
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Codes of Practice – Practical Guidance on Safe Work Systems
12-Mar-2012
Robin Young, Partner & Nick Read, Solicitor
Part 10 of 14 – Workplace Health & Safety Update
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A Practical Guide to registration on the Personal Property Security Register
24-Feb-2012
Tal Williams, Partner
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You Can Lose Your Ownership rights in Goods which are leased, hired or rented to your customer
24-Feb-2012
Simon Della Marta, Partner
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Can a security holder repossess goods that have been purchased by a consumer ?
22-Feb-2012
Jonathan Casson, Partner
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Changes to rules regarding retention of title - the need to register
22-Feb-2012
Simon Della Marta, Partner
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A Reminder and Overview of the Personal Property Security Act
22-Feb-2012
Krystiana Conomos, Senior Associate
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Reform to provide a solid platform for arbitration as an alternative means of resolving disputes
16-Feb-2012
John Wakefield, Partner
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New Work Health and Safety Laws in Force
05-Jan-2012
Robin Young, Partner and Nick Read, Solicitor
Part 9 of 14 – Workplace Health and Safety Update
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ACNC Taskforce Governance Consultation Paper
21-Dec-2011
Jonathan Casson, Partner
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ACNC “Design”
21-Dec-2011
Jonathan Casson, Partner
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ACNC – First Look at the Governing Legislation for the NFP Regulator
21-Dec-2011
Jonathan Casson, Partner
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An expensive night for the DJ
19-Dec-2011
Tal Williams, Partner
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Proposed Changes to the Corporations Act: Your Chance to Have A Say
19-Dec-2011
Jonathan Casson, Partner
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Practical Application of Sale of Shares Clause in Shareholders’ Agreement
16-Dec-2011
Simon Della Marta, Partner
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Postponement of Director Personal Liability for Superannuation Guarantee Payments and Extension of the Director Penalty Notice Regime
19-Dec-2011
Simon Della Marta, Partner
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Compliance and Enforcement – The Role of Inspectors
15-Dec-2011
Robin Young, Partner and Nick Read Solicitor
Part 8 of 14 – Workplace Health and Safety Update
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Personal Property Securities Act 2009 (Cwlth)
24-Nov-2011
NEWS: The start date for the Personal Property Securities Act 2009 (Cwlth) has been announced.
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Google Searches and the use of competitor’s names in headline descriptors
24-Nov-2011
Tal Williams, Partner and Dwana Walsh, Solicitor
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When was the last time you reviewed and updated your Constitution?
24-Nov-2011
Alison Choy Flannigan, Partner
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Recent prosecutions highlight the risks of sham employment/contractor arrangements
24-Nov-2011
Robin Young, Partner and Nick Read, Solicitor
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Hard cases make bad law
24-Nov-2011
Chris Camillin, Partner and Jeremy Quah, Associate
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Stamp Duty in Victoria - Exemptions with Deceased Estates
24-Nov-2011
Chris Camillin, Partner and Jeremy Quah, Associate
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The Prohibition of Discriminatory Conduct - Protection for Workers that Engage in Workplace Health and Safety Issues
17-Nov-2011
Robin Young, Partner and Nick Read, Solicitor
Part 7 of 14 - Workplace Health & Safety Update
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Closing gaps in business arbitration
16-Feb-2012
John Wakefield, Partner
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Social Media – Can you be sued?
31-Oct-2011
Tal Williams, Partner
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Personal Property Security Register: Deal or Dud?
31-Oct-2011
Krystiana Conomos, Senior Associate
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Employee Fraud - What do you do and how do you get your money back?
31-Oct-2011
Simon Della Marta, Partner and Robin Young, Partner
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Superannuation guarantee personal liability for Directors
31-Oct-2011
Simon Della Marta, Partner
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Data Protection in the Cloud. Could your business be attacked?
31-Oct-2011
Tal Williams, Partner
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Introduction of the new ePayments Code. How will It affect your industry?
31-Oct-2011
Jonathan Casson, Partner
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Retail Leases in Victoria – Are you complying with the new disclosure requirements?
31-Oct-2011
Chris Camillin, Partner and Jeremy Quah, Associate
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National Greenhouse and Energy Reporting Act 2007
16-Feb-2012
John Wakefield, Partner
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Civil Liability Act 2002 (NSW) Schedule of Non-Economic Loss – 2011/12
27-Oct-2011
Bruce Cussen, Partner
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Liability of an Incompetent Board
13-Sep-2011
Jonathan Casson, Partner
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Directors Personally Responsible for Superannuation Guarantee Payments - Further Obligations on the Way
13-Sep-2011
Simon Della Marta, Partner
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Is Using an Excel Spreadsheet Template a Breach of Copyright?
13-Sep-2011
Tal Williams, Partner
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Consultation - With Whom, When and How?
08-Sep-2011
Robin Young, Partner and Nick Read, Solicitor
Part 6 of 14 - Workplace Health & Safety Update
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National Health Reform - Corporate Governance in the New Era of Australian Healthcare
31-Aug-2011
Alison Choy Flannigan, Partner
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Update on Advanced Care Directives
31-Aug-2011
Alison Choy Flannigan, Partner
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Update on Personally Controlled Electronic Health Records - Legal and Privacy Issues
31-Aug-2011
Alison Choy Flannigan, Partner
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Mental Health Case Update - Crowley v Commonwealth of Australia, ACT and Pitkethly
31-Aug-2011
Alison Choy Flannigan, Partner
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Professional Misconduct and Innappropriate Prescribing - Medical Board of Australia v Saykao
31-Aug-2011
Zara Officer, Special Counsel
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Medical Experts - Liability as Expert Witnesses
31-Aug-2011
Bruce Cussen, Partner and Vahini Chetty, Solicitor
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Update on Pharmaceutical Benefit Scheme (PBS) Reforms
31-Aug-2011
Alison Choy Flannigan, Partner
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Accommodation Bonds - Changes to the Aged Care Act
31-Aug-2011
Tal Williams, Partner
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Harmonisation of Workplace Safety Laws
31-Aug-2011
Robin Young, Partner and Nick Read, Solicitor
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Food Safety Update for Hospitals and Aged Care Facilities
08-Sep-2011
Rachael Sutton, Partner
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Health Law Bulletin
31-Aug-2011
Articles on Health, Medico-Legal, Life Sciences, Retirement Living and Aged Care plus Workplace Safety Law and a Food Safety Update for Hospitals and Aged Care Facilities
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New Warranties to Apply to the Provision of Goods and Services
31-Aug-2011
Tal Williams, Partner and Georgie Philpott, Solicitor
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When is a Charity Entitled to Deductable Gift Recipient Status?
31-Aug-2011
Jonathan Casson, Partner
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High Court to Consider Liability of Internet Service Providers for Copyright Infringement of Users
31-Aug-2011
John Wakefield, Partner and Mai Campbell, Solicitor
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Good Faith in Commercial Dealings - What does that mean?
31-Aug-2011
Tal Williams, Partner
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No Equitable Contribution
30-Aug-2011
Bruce Cussen, Partner
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Notifiable incidents - what to notify and when!
02-Aug-2011
Robin Young, Partner and Nick Read, Solicitor
Part 5 of 14 Workplace Health & Safety Update
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Retirement and aged care residency - trends
29-Jul-2011
Tal Williams, Partner
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Centro Directors guilty of breach of the Corporations Act
29-Jul-2011
Jonathan Casson, Partner
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To whom do I owe duties? The meaning of Worker under the WHS Act
18-Jul-2011
Robin Young, Partner and Nick Read, Solicitor
Part 4 of 14 Workplace Health & Safety Update
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The new primary duty - am I a PCBU?
01-Jul-2011
Robin Young, Partner and Nick Read, Solicitor
Part 3 of 14 Workplace Health & Safety Update
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Commercial Rent - What is market rent?
30-Jun-2011
Tal Williams, Partner
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Commencement of the business names registration system
30-Jun-2011
Jonathan Casson, Partner
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Misleading or deceptive conduct - representations regarding future matters
30-Jun-2011
Jonathan Casson, Partner and Georgie Philpott, Solicitor
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Goodbye Deemed Liability, Hello Due Diligence. The New Company Officer Offence
22-Jun-2011
Robin Young, Partner and Nick Read, Solicitor
Part 2 of 14 Workplace Health & Safety Update
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Hospital infrastructure projects - what makes them so unique?
07-Jun-2011
Alison Choy Flannigan, Partner, writes in the June 2011 edition of Private Hospital magazine.
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A Level Playing Field - The End of Reverse Onus
02-Jun-2011
Robin Young, Partner and Nick Read, Solicitor
Part 1 of 14 Workplace Health & Safety Update
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Budget Impact on Not-For-Profits
19-May-2011
Jonathan Casson, Partner
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Directors’ Liabilities – The State of a More Consistent Statutory Approach?
19-May-2011
Tal Williams, Partner and Georgie Philpott, Solicitor
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Officer’s Liability Under the Model Work, Health & Safety Bill
19-May-2011
Robin Young, Partner and Nick Read, Solicitor
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Warranties and Indemnities Insurance, Another Thought for your M&A Transaction
19-May-2011
Jonathan Casson, Partner
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Proposed New Developments in Electronic Contracts, Web Page Advertisements and E-mails
27-Apr-2011
Tal Williams, Partner
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Don't Forget to Register Your Trade Mark
27-Apr-2011
Jonathan Casson, Partner and Mai Campbell, Solicitor
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“MOU”, “LOI”, Deed or Agreement – A Legal Minefield
18-Apr-2000
Jonathan Casson, Partner
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Access to the Company Records by a Former Director
27-Apr-2011
Simon Della Marta, Partner
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Roadshow Films Pty Limited v iiNet Limited [2011] FCAFC 23
07-Mar-2011
John Wakefield, Partner and Charlotte Scott, Graduate Paralegal
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Can Facebook and Twitter Create Difficulties for your Business? Yes They Can
24-Feb-2011
Simon Della Marta, Partner – ACCC v Allergy Pathway Pty Ltd (No 2) [2011] FCA 74
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Tax Office Continues to Test Boundaries for Taw Law for Not-for-Profit Organisations
01-Feb-2011
Jonathan Casson, Partner
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What the ATO Looks for in Your M&A Transaction
24-Feb-2011
Jonathon Casson, Partner and Mia Campbell, Solicitor
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Aged Care Facilities Disappearing Fast
09-May-2011
Tal Williams, Partner, writes in the Australian Financial Review 9 May 2011 that the trend towards fewer, much larger, profit-driven institutions does not bode well for Australia's rapidly greying population.
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ASIC Win Signals Need toTake Caution with Corportate Disclosures
24-Feb-2011
Tal Williams, Partner
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Changes to Corporate Governance Principles – Effective Already
24-Feb-2011
Jonathan Casson, Partner
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Issues Facing Directors in 2011
24-Feb-2011
Jonathan Casson, Partner
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Are shareholders in a private company entitled to inspect books and accounts of that company?
31-Jan-2011
Tal Williams, Partner
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Changes to Paid Parental Leave Effective from 1 January 2011
31-Jan-2011
Robin Young, Partner
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Director’s Duties – What was the James Hardie Appeal About?
31-Jan-2011
Jonathan Casson, Partner and Mai Campbell, Solicitor
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How Secure is your Legal Relationship?
31-Jan-2011
Simon Della Marta, Partner
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The Effect of PPSA on the Fixed and Floating Charge
31-Aug-2011
Krystiana Conomos, Senior Associate
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