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A recent Queensland Supreme Court case provides an important reminder to carefully consider the detail when drafting enterprise software licences, and in particular to have an eye to the future.
Recently there has been an increase in the number of Fair Work Commission disputes raised (by employees and unions) over the interpretation of clauses in those enterprise agreements.
A recent decision has clarified that the Federal Court is unable to receive submissions on an appropriate penalty (or range of penalties) from the Australian Competition and Consumer Commission (ACCC).
The High Court has granted special leave to appeal a decision that held that a liquidator is not required to retain funds from the proceeds of sale of an asset to pay tax before an assessment is issued.
The Independent Commission Against Corruption (ICAC) does not have power to investigate allegations that Ms Cunneen counselled a person to lie to police.
Minter Ellison presents to the construction industry its annual security of payment roundup for 2014.
Two recent NSW Court of Appeal decisions highlight that what is an obvious risk under s 5F of the Civil Liability Act 2002 (NSW) is very much in the eye of the beholder.
The Federal Court of Australia has dismissed the ACCC’s anti-competitive conduct case against Pfizer, finding that Pfizer did not breach the prohibition on misuse of market power.
Full Federal Court rules that partly ‘aspirational’ grievance policy was contractual and criticises company's investigation
This decision of the Full Court of the Federal Court is another sharp reminder to employers about the need to ensure their policies do not inadvertently become contractual.
Australian appliances manufacturer Fisher & Paykel has been fined for misleading customers over extended warranties. Here’s how to stay on the right side of the law.
The Federal Court of Australia has announced two decisions that provide additional guidance to parties to a patent licence.
There were a number of court decisions in Hong Kong this year that continue to demonstrate the court’s non-interventionist pro-arbitration approach.
Judicial interpretation of the term ‘practical completion’ has settled its academic meaning but how it should apply in practice is far from certain.
Sometimes when an employer discovers a building defect, it would not be worthwhile for the employer to sue because the main contractor may not have the means to pay the awarded sum.
High Court decision: the implied term of trust and confidence in employment contracts is not part of Australian law
Commonwealth Bank of Australia v Barker is a landmark decision — resolving the vexed issue of the existence and application of the implied term.
This article looks at some of the relevant case law and sheds light on the principles involved in this particular challenge of statutory interpretation.
At the Competition Policy Review International Conference in Canberra on 23 October, partner Paul Schoff took part in a panel on Competition Laws and Regulatory Institutions.
The High Court has handed down its decision in Commonwealth Bank of Australia v Barker — ruling that the implied term of trust and confidence is not part of Australian law.
Procedural fairness issues faced by the higher education sector are often sensitive, difficult to navigate and have far-reaching consequences for students and institutions,...
Michael Hughes reports on the decision of Justice Davies in the Federal Court of Australia refusing ASIC’s application to remove liquidators appointed to two companies.