Commercial Law Update - Construction of a Superannuation Deed to be "practical and purposive"
Commercial LawIn FSS Trustee Corporation v Eastaugh [2017] VSCA 218 the Victorian Court of Appeal was required to construe the definition of "salary" in a Health Industry defined benefits fund.
Commercial Law Update - Repudiation and how restraint of trade benefits may be lost post termination
Commercial LawThe Crowe Horwath (Aust) Pty Ltd v Loone [2017] VSCA 181 decision demonstrates that new owners of an established business should take care not to repudiate employment agreements.
Commercial Law Update - Need to prove foreign law in Australian courts? It's easier than commonly thought
Commercial LawThe decision in Re Tang [207] VSCA 171 outlines that s 174 of the Evidence Act 2008 provides a much less onerous means of proving foreign law than previously thought.
Employment Law Update - Australian Building and Construction Commissioner v Powell [2017] FCAFC 89
Employment & IndustrialA recent case examining the interaction between Part 3-4 of the Fair Work Act 2009 and entry provisions contained in the Victorian Occupational Health and Safety Act 2004.
Commercial Law Update - Setting aside a statutory demand: when is a dispute “genuine”?
Commercial LawUnited Petroleum Pty Ltd v McGrathNicol Advisory Partnership [2017] VSC 239
Property Law Update - Overzealous advice by a solicitor leads to his conviction for contempt of court
Commercial Law Property LawWhile a solicitor has a primary duty to advance client interests, there is a paramount duty to the court not to do anything that interferes with the administration of justice.
2017 Legalwise Seminar - Recent developments in Ownership and Bad Faith
Intellectual PropertyCommercial Law Update - 'Misleading and deceptive conduct claims in a contractual context'
Commercial LawA paper on the use of statutory misleading and deceptive conduct claims to fortify a common law claim for breach of contract
Commercial Law Update - Cutthroat forensic decisions in trial advocacy can be very costly
Commercial LawAdvanced Fuels Technology v Blythe & Ors (Application to re-open plaintiff’s case) [2017] VSC 250