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...

Read More →

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...

Read More →

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...

Read More →

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...

Read More →

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...

Read More →

All Gunns blazing – Federal Court affirms peak indebtedness rule post-Timberworld

Introduction On 27 May 2020, the Federal Court of Australia handed down its judgments in three separate unfair preference proceedings instituted by the liquidators of Gunns Limited (in liq)(receivers and managers appointed)("Gunn...

Read More →
1 35 36 37 38 39 71