Author Archives: Anne Wardell

About Anne Wardell

Anne Wardell is Editorial Content Manager at Wolters Kluwer, CCH and co-administrator of the Law Chat site.

High Court finds no implied term in Australian employment contracts

The High Court of Australia has, in a landmark decision, allowed an appeal against a full federal court ruling that an employer breached an implied term of trust and confidence in an executive’s employment contract. In 1981, Mr Stephen Barker … Continue reading

Posted in Commercial Law, Industrial Law | Leave a comment

Three significant “class action” cases

First — A Full Court of the Federal Court has held (upholding the decision at first instance) that for a Part IVA proceedings in the Federal Court to comply with s 33C(1)(a) of the Federal Court of Australia Act 1976 (Cth) (FCA), it … Continue reading

Posted in Class Actions, Litigation | Leave a comment

To have an ‘effects test’ or not to have an ‘effects test’

by Anne Wardell, Editorial Content Manager Wolters Kluwer, CCH Australia. This is the current battle being fought in competition law legal circles following the release of the Harper Review of Competition Law issues paper and the call for submissions. The Australian Competition … Continue reading

Posted in ACCC, Australian Politics, Competition and Consumer Law | Leave a comment

Government pushes through legislation delaying super increase

The House of Representatives passed the Minerals Resource Rent Tax Repeal and Other Measures Bill 2014 (Bill) on 1 September 2014. Among other measures the Bill gives the Treasurer authority to vary the Superannuation Guarantee (SG) charge percentage by legislative … Continue reading

Posted in HR, Industrial Law, Tax | Leave a comment

Have you wondered what all the fuss around bitcoin is?

If you are like me and born in the days when a mobile phone was still the home phone you could plug in to different room extensions, then you may be wondering what is a bitcoin and should I have … Continue reading

Posted in Commercial Law, Tax | 3 Comments

Power to order medical examination in disability case

While the Administrative Appeals Tribunal (Cth) can require evidence to be provided to assist it in its decision-making, the parties are encouraged to gather all the evidence necessary to support their respective cases. Further, if there is provision in an … Continue reading

Posted in Courts, Law | Leave a comment

Administrators required to pay damages for sale of goods

In THC Holdings Pty Ltd v CMA Recycling Pty Ltd [2014] NSWSC 1136 the court ordered the liquidator of the defendant company to pay a supplier damages under s 1324(10) of the Corporations Act 2001 (Cth) after the disposal of goods. Although the Personal Property Securities Act … Continue reading

Posted in PPS | Leave a comment

Statutory review of the PPSA — interim report released

 Section 343 of the Personal Property Securities Act 2009 (Cth) (PPSA) requires a review of the operation of the Act to be undertaken within three years. On the 4th of April 2014, the Commonwealth Attorney-General announced that the review would be chaired … Continue reading

Posted in PPS | Leave a comment

The aftermath of the senate report into ASIC – greater penalties for ASIC or should we see more court action! by Bob Baxt

The Australian Securities and Investments Commission (ASIC) has gone very much on the front foot in response to the damaging Report of the Senate Economics References Committee (the Committee) into its performance. One major step taken has been to seek … Continue reading

Posted in Competition and Consumer Law, Corporations Law | Leave a comment

Hockey interview transcript ‘poorest people either don’t have cars’ and followup interview transcripts

The Treasurer, Joe Hockey, gave an interview to ABC Local Radio, Brisbane on 13 August 2014 in which he discussed Clive Palmer, cross bench, GP co-payment, and bank class action. The comment which has attracted the most attention however is … Continue reading

Posted in Australian Politics | Tagged | Leave a comment

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