Insights

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

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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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Latest round of promotions announced at Hunt & Hunt

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Hunt & Hunt continues to successfully manage the many health and economic challenges of the COVID 19 pandemic. Jim Harrowell AM, Managing Partner NSW said, “Whilst there will be ongoing challenges for NSW as health...

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

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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 classification.  The High...

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Latest Updates from AFCA

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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...

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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

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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...

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Case Note: Court of Appeal again finds against worker

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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...

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

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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 “unfair terms” in a...

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

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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)(“Gunns”).[1]  The liquidators were...

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Landmark decisions add controversy to pet ownership in strata schemes

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The legal fight for pet ownership rights in strata buildings has just taken a major setback. In a series of highly contentious matters, the New South Wales Civil & Administrative Appeals Panel (‘Appeals Panel’) has...

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Man Overboard! – Stand Down in the Time of Covid-19

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In March, Australian businesses faced the impacts of Covid-19 and Government restrictions aimed at combatting the spread of the virus, which were being introduced quickly and before the JobKeeper scheme and other initiatives to support...

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COVID-19 Omnibus Regulations – Electronic signing of documents

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The COVID-19 Omnibus (Emergency Measures) (Electronic Signing and Witnessing) Regulations 2020 were introduced on 11 May 2020 and can be accessed here. These were issued following the introduction of the COVID-19 Omnibus (Emergency Measures) Act...

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The JobKeeper Payment Scheme – What do I need to know?

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What payments are available to employers under the JobKeeper scheme? When is an employer eligible? When is an employee eligible? How do Employers nominate to participate? “One In All In” – An employer cannot pick...

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