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Worth Knowing

We are all publishers now: ignoring online comments no longer an option (extended 12″ mix)

[This is an extended version of an article published in the August 2019 edition of the Law Society Journal.  You can read the published version of the article in the electronic edition of the Journal by clicking here]. “Never read the comments” is often said to be one of the cardinal rules of the Internet

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August 3
2019
Defamation Social media law

August publications in august publications

From time to time, the scribbles we provide for you here find homes in publications even more august than this humble website (it may be hard to believe that you can get more august than this humble website, but true it is).  This month, Angus has articles in the August editions of both the Law

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August 1
2019
Defamation Employment Law SVL in the community

Can you sue an employee who gains employment with a misleading CV?

The provision of misleading CVs by prospective employees can lead to a number of legal problems when the truth is discovered.  In most cases, the employer will dismiss the employee (and provided the investigation has been careful, the employer will usually be on safe ground in doing so). In a number of recent high profile cases, criminal charges

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July 6
2019
Employment Law Litigation and dispute resolution

What is an employer’s duty of care to a careless employee?

It has long been understood that the obligations of employers to provide a safe system of work are owed “not only to the careful and observant employee, but also to the hasty, careless, inadvertent, inattentive, unreasonable or disobedient employee in respect of conduct that is reasonably foreseeable”.  However, in two recent cases (one a safety prosecution,

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May 26
2019
Litigation and dispute resolution Work health and safety

I feel the need . . . the need for a deed

A lease is a lease is a lease, yes?  Well, not always.  If a lease is expressed to be in the form of a deed, then (amongst other consequences) a party who has signed and delivered the lease cannot withdraw their acceptance and “recall” (or back out of) the agreement to lease the premises, even

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May 16
2019
Litigation and dispute resolution Property Law

Good faith in commercial contracts (or, “The scrap about scraps”)

Most people know that FOMO is the Fear Of Missing Out, but what about the fear of being locked in (for example, to an unprofitable commercial contract?) We might have to start calling that “foam-o”, as a result of a recent case on the subject, which involved a dispute about a contract for the sale of scrap

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March 9
2019
Commercial Law Litigation and dispute resolution

Can a contract prevent your customers from poaching your employees?

It is common for employment contracts to contain post-employment restraints, but it is less common to see clauses in agreements with customers (for example, in services agreements) which prevent the customers of a business from “poaching” the employees of the business. There are good reasons for this – when post-employment restraints are dealt with in

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February 5
2019
Employment Law Litigation and dispute resolution

Worth knowing – 2019 CLE tour dates

Is it too early be thinking about the February/March CLE season?  No, of course it isn’t – how is that even a question?  Angus Macinnis has been hard at work over summer working on papers for some upcoming CLE seminars, so we thought you might like to know what he has planned. On 20 February

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January 18
2019
SVL in the community

“See you in court!” (but which one to choose?)

Involvement in complex litigation is enough to get anyone into a right state – and all the more so when the Australian State in which the litigation is taking place is not a State in which you have a main place of business (or in which you have access to trusted lawyers).  A plaintiff gets to choose where litigation will

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December 9
2018
Commercial Law Litigation and dispute resolution

The nightmare before Christmas

The days are getting longer. The smell of summer is in the air. The conquest of shopping centre Muzak systems by Christmas carols is (for the next little while, at least) total and complete. Yes, Christmas is coming – but before the season of peace and goodwill to all, first must come the work Christmas

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December 5
2018
Employment Law
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