In Short - The Situation: Historically, creditors pursued by liquidators under the unfair preference regime could rely on a statutory set-off as a defence to the claim, reducing or eliminating their liability to repay...more
The much anticipated High Court of Australia (High Court) appeal of the full Federal Court of Australia's decision in Kingdom of Spain v Infrastructure Services Luxembourg S.à.r.l. (No 3) [2021] FCAFC 3 will now be heard in...more
The High Court of Australia has handed down decisions in two cases regarding the distinction between independent contractors and employees. The appeals in Construction, Forestry, Maritime, Mining and Energy Union v Personnel...more
On 13 October 2021, the High Court of Australia handed down its decisions in Palmer v The State of Western Australia1 and Mineralogy Pty Ltd & Anor v State of Western Australia2, confirming that the State of Western Australia...more
On September 8, 2021, the High Court of Australia ruled 5-2 in Fairfax Media Publications Pty Ltd. v. Voller that media companies in Australia could be held liable for defamation as a result of comments left by third-parties...more
The High Court of Australia has handed down a decision in WorkPac's challenge to a finding of a Full Court of the Federal Court of Australia that a coal mineworker, Robert Rossato, was not a casual worker and was entitled to...more
Late last year, the High Court of Australia overturned more than 100 years of precedent when it handed down its decision in Calidad Pty Ltd v Seiko Epson Corporation [2020] HCA 41 (Calidad v Seiko). Rather than following the...more
On August 13, 2020, 11 years after the enactment of the Fair Work Act 2009 (Cth) (the “FW Act”), Australian employers received guidance from the High Court regarding how to count the entitlement to “10 days” of personal leave...more
A 4-1 majority of the High Court of Australia (with Gaegler J dissenting) has overturned the controversial Mondelez decision, confirming what has been the widespread understanding of the operation of personal/carer's leave...more
As a result of its dismissal of an appeal from video game publisher Valve in April 2018, the High Court of Australia has affirmed that overseas-based companies that sell to Australia must abide by the Australian Consumer Law...more
Background: In Western Australia, a procedural rule called the "Eshelby principle" prevents the pursuit of causes of action grounded upon events arising only after the commencement of litigation. Other jurisdictions have...more
MESSAGE FROM THE EDITOR - In this edition of the Update, we report on the exposure draft of the Treasury Laws Amendment (Taxation and Superannuation Guarantee Integrity Measures) Bill 2018. We then consider a decision of...more
On August 25th, 2017, in a convincing knockout, a federal judge in Los Angeles dismissed dozens of lawsuits against Manny Pacquiao and Floyd Mayweather alleging Pacquiao's concealed shoulder injury impacted the quality of...more
Since late last year, there have been several major decisions from Australia's highest courts on important issues for stakeholders in the construction, mining and infrastructure industries. Below, we provide a summary. Some...more
As a result of a High Court of Australia decision on 31 August 2016, employers working in the migration zone must urgently ensure that all employees hold an Australian visa before allowing them to continue to lawfully work in...more