Insights

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Introduction of Bill to Increase Import Processing Charge

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As anticipated and detailed in our in our eAlert dated 15 May 2013, the Coalition has adopted the previous Government’s 2013/14 Budget plan to increase import processing charges. The Import Processing Charges Amendment Bill 2013...

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The Federal Coalition’s Quick Move to Introduce IR Changes

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In our previous article, we highlighted the key changes that the Federal Coalition propose to introduce into Federal Parliament, as part of its industrial relations policy, within three months of taking power. Now only two...

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Social Media Evidence – Can it be Used by Employers in Court?

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The pervasiveness of social media means it is now common for information posted on social media websites, such as Facebook, to be used as evidence in legal proceedings. If an employer is able to assemble...

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Injuries in the course of employment – High Court clarifies issues

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In a decision that has significant implications for employer liability under workers compensation legislation, the High Court ruled on 30 October 2013 in the case of Comcare v PVYW that an employee’s injury sustained whilst...

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Federal Government Announces its Choice of Tax Initiatives for the Finance Industry

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The Federal Treasurer announced today that the Government will not proceed with a number of proposed initiatives which had been announced by the former Labor Government as part of the 2013-14 Budget. Among the initiatives...

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Customs’ New Infringement Notice Scheme – a Cause for Real Concern

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There has been some recent commentary in which some have expressed little concern over the new Infringement Notice Scheme (“INS”) from the Australian Customs and Border Protection Service (“Customs”) which is due to commence later...

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Are you Getting your Workplace Investigations Right?

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In light of the new anti-bullying regime under the Fair Work Act 2009 (Cth), it is more important than ever that employers understand how a workplace investigation should be conducted, and have robust policies and procedures in...

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Registrar-General (NSW) v LAWCOVER [2013] NSWSC

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Facts In 2003, Mr Panetta (Mr P) and Ms Lam (Ms L) had moved into a property owned by Ms Pedulla (Mr Panetta’s sister). Ms Pedulla was in Italy at the time. Mr P and Ms L...

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Subrogation Under Section 560 of the Corporations Act

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Dalma No.1 Pty Ltd (“Dalma”) went into administration with employee-related liabilities of about $600,000. Background After the administrators were appointed a related company, Dalma Construction Pty Ltd (“DC”), made substantial payments (totalling about $160,000) in...

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Occupy Melbourne – the Rights of Councils to Use Local Laws and Crown Land Regulations to Protect Public Spaces from Damage by Protesters

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Many of you will be familiar with the worldwide “Occupy” movements, which received substantial media coverage in both 2011 and 2012.  Locally, the “Occupy Melbourne” movement also grabbed the media’s attention in mid-late 2011 in...

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What a Shame it’s a Sham

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The recent Federal Court decision in National Tertiary Education Union v Royal Melbourne Institute of Technology [2013] FCA 451 highlights the issues that can arise for an employer when defending against a general protections (adverse...

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Recent Decisions by Australian Courts Give Confidence in use of Arbitrations

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The ability for arbitration to be used to resolve disputes is fundamental to international trade. It is in an increasingly popular way to resolve commercial disputes as the process is confidential and, in theory, offers...

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