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Worth Knowing

Contractual boilerplate becomes unexpectedly . . . riveting

Warren Buffett famously said that “only when the tide goes out, do you discover who has been swimming naked”, which neatly captures the idea that it is only when there is a contractual problem, do you discover whether your contractual drafting has given you the protection that you need.  In a series of cases against

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September 1
2022
Commercial Law Litigation and dispute resolution

If you get a job with a fake CV, do you have to pay the wages back when you get caught?

The Latin phrase “curriculum vitae” translates as “course of life”, but with the apparently increasing prevalence of CV fraud, there are some cases where a better translation would be “course of lies”.  News websites are awash with surveys about the number of people who have apparently engaged in CV fraud, although given that many of

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August 24
2022
Employment Law

The Flight of the Oligarchs (or, “Life on the High Seize”)

In recent days there has been a flurry of activity in European ports seeking to impound super yachts owned by Russian oligarchs pursuant to sanctions for the Russian invasion of Ukraine. Questions arise as to the legality of seizing these ships while in port or in the territorial sea of a coastal State or on

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March 4
2022
Maritime Law

Vaccines, but not heard: FWC Full Bench finds failure to consult undermines employer vaccine requirement

If we had a dollar for every enquiry we have received about the entitlement of employers to require their employees to be fully vaccinated against COVID-19, a quick tally-up around the office indicates that we would currently have $3,764. If we had a dollar for every time we have advised that consultation with employees was

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December 6
2021
Employment Law Work health and safety

SVL in the LSJ – the world’s largest commercial law moot goes online again in 2021 (and SVL is part of it)

The Willem C. Vis International Commercial Arbitration Moot (and its associated competition, the Vis East Moot) both took place online this year (rather than the usual locations of Vienna and Hong Kong).  Amongst the issues which were argued in the moot was the question of whether a party which had agreed to arbitrate before the

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May 14
2021
SVL in the community

For “oppressive” strata by-laws in NSW, it’s now game, pet, and match

The proposition that what matters is not the size of the dog in the fight, but the size of the fight in the dog, was exemplified in the NSW Court of Appeal this week.  In one corner was a miniature schnauzer named Angus (no relation); in the other, the owners corporation of the 43-story, 341-lot

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October 14
2020
Litigation and dispute resolution Property Law

After WFH, WTF* for WHS? (*”What Then Follows”, obviously)

The Sixth Circuit Court of Appeals in the US said in a recent decision, “While the law may take periodic naps during a pandemic, we will not let it sleep through one” (and if this is correct in the US, it may explain a report about a Florida judge upbraiding US lawyers for appearing at

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May 10
2020
Work health and safety

Sweeping changes to Fair Work Act for employers eligible for jobkeeper payment

Much of the media coverage about the Commonwealth’s jobkeeper payment scheme has followed the money; namely, the fact that the scheme will provide a payment of $1500 per fortnight to eligible employers to support the continued employment of their employees.  However, sometimes it’s not just about the money;  where an employer is eligible for the

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April 13
2020
Employment Law

Modern slavery in 2020 – the year of living slaver-less-ly

On 1 January 2019, the Modern Slavery Act 2018 (the Act) commenced, which means that this year is the first year that reporting requirements apply.  The Act is one of the first attempts in the world to create national legislation that defines “modern slavery” and, unlike similar legislation from other countries, the reporting criteria under

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February 24
2020
Employment Law

SVL in the LSJ – the professional conduct consequences of emailing the judge without obtaining an opponent’s consent

The Australian Solicitors Conduct Rules (ASCR) forbid ex parte communications with the Court without the consent of opposing parties (which includes communications by email).  Although there have been a string of cases in which judges have provided guidance to solicitors about how to observe this rule, anecdotal evidence suggests that this may be the provision 

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February 3
2020
Lawyers' professional conduct SVL in the community
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