FWC says no to more than one boss! Independent contractors, those visiting temporarily on secondment, labour hire workers and other ‘non-standard’ workers have no doubt become as prevalent as casual, part-time and full-time employees in modern Australian workplaces. However, while their engagement can help businesses to become more flexible and efficient, legal risks can and [...]
Off-The-Plan Sales Rescission Risk – What Changes To Subdivision Plans Will “Materially Affect” Lots?
In Lockwood v PSP Investments Pty Ltd  VSC 10, the Victorian Supreme Court recently confirmed that an amendment to the plan of subdivision contained in an off-the-plan contract need not be ‘adverse’ or ‘affect rights deleteriously’ to materially affect a lot and give the purchaser a right to terminate the contract. This case provides [...]
Introduction Naturally, it is not unusual that willmakers will seek to benefit persons they intend to marry under their will. However, amidst guest lists, venues, dance lessons, cakes and flowers, making an appointment to speak with your solicitor about changing your will is not normally contemplated by today’s bride and groom when formulating their wedding [...]
The Victorian Court of Appeal recently considered s.588FDA of the Corporations Act (the Act) relating to unreasonable director-related transactions: Vasudevan as Liquidator of Wulguru Retail Investments Pty Ltd (In Liquidation) (Wulguru) v Becon Constructions (Australia) Pty Ltd (Becon) and Anor  VSCA 14. This was the first consideration of s.588FDA at an appellate level after [...]
Liquidator impartiality: ASIC v Franklin, Horne and Stone (Liquidators), in the matter of Walton Construction Pty Ltd (In Liquidation) (Company)
ASIC has filed an appeal against the dismissal of a case in which it sought to have liquidators removed on the basis of an apprehension of impartiality: ASIC v Franklin, in the matter of Walton Construction Pty Ltd (in liq)  FCA 68. The appeal has not yet been heard, but it indicates concerns by [...]