Flexibility within reason – Recent cases demonstrate limitations on the exercise of JobKeeper enabling directions

Since 9 April 2020, the temporary JobKeeper legislation has allowed employers to vary the working hours of employees in response to the COVID-19 pandemic. This JobKeeper enabling direction, among others, aims to assist businesses ...

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Shareholders’ Agreements – What are they and what are they for?

As the name suggests, a Shareholders' Agreement is an agreement between the shareholders of a company, which sets out the rules and processes that will apply to shareholders investing in and participating in the decision making of...

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High Court clarifies sick leave entitlements – the Mondelez decision

On 13 August 2020, the High Court of Australia handed down its highly-anticipated decision in the Mondelez case.[1] Employers welcomed the decision since the High Court accepted the arguments put forward by the employer, Mondelez,...

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China commences anti-dumping investigation against Australian wine

What is dumping and what do wine exporters need to do now? The announcement that China has commence an anti-dumping investigation into Australia wine has come as a surprise many.  Dumping is associated with unfair tactics and ...

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Landlords’ “Super Priority” for unpaid rent of insolvent tenants

Introduction With the full impact of Stage 4 Restrictions on Victorian businesses yet to be felt, the Federal Court of Australia decision in Ford (Administrator), in the matter of The PAS Group Limited (Administrators Appointed) ...

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Extension of temporary COVID-19 Corporations Act amendments

On 31 July 2020, the Treasurer, Josh Frydenberg, announced that the Morrison Government would extend certain features of the temporary Coronavirus response legislation for a further 6 months. Until 21 March 2021, company direct...

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