When are “reasonable additional hours” unreasonable? – Federal Court to penalise meat industry employer

In a recent decision on 6 May 2022, the Federal Court has held that an employer contravened the Fair Work Act 2009 (Cth) ("the Act") after requiring its employee to work unreasonable hours in excess of 38 hours per week in contrav...

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Liquidators’ Equitable Lien “hammered”

In Volkswagen Financial Services Australia Pty Ltd v Atlas CTL Pty Ltd (Receivers and Managers Appointed)(In liquidation) [2022] NSWSC 573, Justice Hammerschlag of the Supreme Court of New South Wales dismissed a claim by administ...

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Full Court shuts down set-off as a defence to unfair preference claims

In Morton as Liquidator of MJ Woodman Electrical Contractors Pty Ltd v Metal Manufacturers Pty Limited [2021] FCAFC 228 ("Morton"), the Full Court of the Federal Court has delivered a resounding "No" to the question of whether set...

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Is it safe to rely on an artist’s impression when buying a new apartment ‘off-the-plan’?

As the term suggests, when buying 'off-the-plan' a purchaser can only assess what it is they will be buying from the plans and images provided by the developer. The detail and accuracy of the plans and images will vary from one pr...

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No duty of care to young people concerning future climate change: Federal Court turns off climate control…, for now

Introduction: evolution of the law: climate change To paraphrase Charles Darwin, adaptation is the key to survival. The law too is a living organism and needs to continually evolve in line with society to serve its intended purpo...

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CASSPrs in from the cold: A regulatory framework for crypto asset secondary service providers in Australia?

The Treasury has sought feedback on proposals to regulate crypto asset secondary service providers ('CASSPrs') in a consultation paper ('Consultation Paper) released on 21 March 2022.  The proposals follow recommendations as to r...

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