Archive for November, 2009

Is a NOC a material fact of decisive nature?

Wednesday, November 18th, 2009

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Queensland laws stir national fury

Tuesday, November 17th, 2009

THE Queensland Parliament passed laws last week referring its IR powers to Canberra, despite the Liberal National Party voting against the bill. Read more in theNewLawyer and reproduced with permission. See ealrier posting in relation to the referral legislation. Brisbane Barrister – David Cormack

Publican’s duty of care – exceptional circumstances

Tuesday, November 17th, 2009

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WCRA 2003: 1st Decision – G v K (s. 308 A & C)

Monday, November 16th, 2009

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MVA general principles

Monday, November 16th, 2009

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Criminal compensation decisions

Monday, November 16th, 2009

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MINCO Agrees On Principles for Reform of Directors’ Liability Provisions

Friday, November 13th, 2009

The Minister for Financial Services, Superannuation and Corporate Law, Chris Bowen MP, today (06/11/2009) welcomed the agreement reached at the Ministerial Council for Corporations (MINCO) meeting in Sydney on the next step in reform of directors’ liability provisions.   Read more in the media briefing.   Brisbane Barrister – David Cormack

Corporations Legislation Amendment (Financial Services Modernisation) Bill 2009 (Cth)

Thursday, November 12th, 2009

On 6 November the Bill received assent; however, some provisions are yet to be proclaimed. It transfers responsibility for regulating mortgage credit and advice, margin loans and trustee companies, from the States & Territories to the Commonwealth.   Brisbane Barrister – David Cormack.

Truck cartel costs Hino dealers $1 million

Thursday, November 12th, 2009

The Brisbane Federal Court has ordered more than $1 million in total penalties against two truck retailers and three individuals in proceedings brought by the Australian Competition and Consumer Commission for price fixing and market sharing.   Read more in the ACCC media release.

Employer denied representation in unfair dismissal proceedings

Thursday, November 12th, 2009

On 9 October 2009, Fair Work Australia (FWA) handed down its first decision concerning legal representation in unfair dismissal proceedings. In Rogers v Hunter Valley Earthmoving Company Pty Ltd, Hunter Valley Earthmoving Company Pty Ltd (Employer) was denied access to legal representation in arbitration proceedings. Read more in Minter Ellison’s Alert and reproduced with permission [...]

David Cormack, Barrister