ASIC loses its responsible lending appeal to the Full Federal Court of Australia

In a judgment handed down on 26 June 2020, the Full Federal Court of Australia in the case of Australian Securities and Investments Commission v Westpac Banking Corporation [2020] FCAFC 111 dismissed an appeal by the Australian ...

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Steel pipe classification case decided against Customs based on French translation of HS Code

Customs famously went to the High Court arguing that the interpretation of the Australian tariff classification legislation should be interpreted consistently with the French version of the harmonised system (HS) for tariff classi...

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Latest Updates from AFCA

1. Business Booming 2. AFCA gives more time to resolve complaints 3. Significant Event Response Plans – Is AFCA prejudging the Issue? 4. Two recent cases consider AFCA powers 5. Did the making of a decision by AFCA involve a...

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WorkPac’s gamble to double-down doesn’t pay off on double-dipping – Court confirms casual employees may not be as ‘casual’ as you think

In the high-profile sequel to the Skene decision, another "casual" labour-hire worker has won the right to paid leave entitlements usually reserved for permanent employees. The Full Bench of the Federal Court handed down its de...

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Case Note: Court of Appeal again finds against worker

In Schembri v State of Victoria, the Court of Appeal rejected the appellant's claim that the jury's verdict for the defendant both in relation to his claim for negligence and breach of statutory duty was against the evidence and t...

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Court orders variation of unfair contract terms – lessons when using unilateral variation clauses

A recent Federal Court decision could serve as a guide when incorporating unilateral variation clauses into standard-form contracts with small business and consumers. ASIC successfully obtained orders declaring void and varying "u...

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