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Allens
In brief: Parties involved in large-scale commercial transactions with non-lawyer third-party advisers need to be aware that communications with these advisers will rarely be protected by legal professional privilege, following a recent Federal Court decision that confirmed the limits on the extent to which legal professional privilege will apply. Partner Richard Harris(view CV) and Law Graduate Sibella...
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In this issue: we look at the circumstances surrounding the prosecution of a business for using hazardous chemicals; the courts move to increase penalties for WHS breaches; a new monetary threshold for principal contractor duties in Victoria; and the growing use of enforceable undertakings as an alternative to prosecutions under model WHS laws. Business fined for...
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25 June 2014 In this issue: we look at the circumstances where a court may not grant an injunction to restrain an employee from working with a competitor; the Fair Work Commission’s position on legal representation; a case that helps clarify when restructuring roles will create genuine redundancy; whether a gift to employees who worked...
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In brief: The High Court recently handed down its decision in Attorney-General (NT) v Emmerson. Partner Peter O’Donahoo (view CV), Senior Associate Tim Maxwell and Lawyer Simone Kaser review the decision with respect to the court’s analysis of the limits on Commonwealth and Territory legislative power under the doctrine of separation of powers and the ‘just terms’ guarantee....
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In brief: A recent Federal Court decision highlights the importance of managing the provision of information and documentation to third parties with caution in order to preserve legal professional privilege. Partner Richard Harris and Senior Associate Elnaz Nikibin report on the case.   http://www.allens.com.au/pubs/ldr/foldr21may14.htm   Allens is an independent partnership operating in alliance with Linklaters...
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February 2014 In this issue: we look at a union’s contravention of the general protection laws; new legislation that will expand the powers of the federal building industry regulator; the Fair Work Commission’s ruling on urine testing and its implications for employers; a Fair Work Commission ruling affirming reinstatement as the primary remedy in cases...
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In this issue: we look at the continuing debate on the merits of saliva versus urine drug testing; the introduction of on-the-spot fines for WHS breaches in the ACT; revised national codes of practice for the construction and stevedoring industries; the need to properly particularise an offence when prosecuting a WHS offence; changes to right-of-entry...
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In this issue: we look at employees’ workplace rights under the adverse action provisions of the Fair Work Act; when employers may stand down employees; the scope of an order requiring industrial action to stop; whether wearing a union t-shirt in the workplace is industrial action; the offshore reach of the Fair Work legislation; and...
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In this issue: We look at the Queensland State Coroner’s findings into the deaths of workers under the Federal Government Home Insulation Program; an unresolved debate around drug testing in the workplace; the New Zealand Good Governance Practices Guideline for Managing Health and Safety Risks; federal legislative amendments that create a new bullying jurisdiction; and...
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In this issue: we look at the risks of dismissing an  employee on the basis of a sham redundancy; the need to clearly document changes  to employment arrangements; when legal representation before the Fair Work  Commission will not be granted; an employer’s duty of care in relation to  workplace bullying; and a case illustrating the...
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