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Worth Knowing

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

Can a non-profit organisation recover damages for lost profits?

When an innocent party is faced with an apparent breach of contract, there are always two questions to ask.  The first question is, “how strong is my argument that what has happened is, in, fact, a breach of contract?”  The second question, which is often more important, is “can I obtain a remedy which will

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January 31
2020
Employment Law Litigation and dispute resolution

“Worth Knowing” on tour – 2020 CPD tour dates

Angus Macinnis just took a DNA test, turns out he’s 100% that solicitor who keeps getting invited to speak at CPD seminars over the February/March CPD “high season”.  (He’s probably also 100% overusing that “just took a DNA test” meme, but it will do until something better comes along).  Here are Angus’ tour dates for

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January 16
2020
SVL in the community

Bull market dispute resolved by disclaimer in cattle log

It is very common to read about plaintiffs who have commenced misleading and deceptive conduct actions complaining that they have been sold a complete load of bull.  It is less common for those cases to involve actual bulls. However, the New South Wales Court of Appeal last week considered a misleading and deceptive conduct case

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December 23
2019
Commercial Law Competition and consumer law Litigation and dispute resolution

The un-palletable consequences of taking guarantees on trust

On the very first page of the leading Australian textbook on the law  of trusts, you will find the statement that, “a trust is not a juristic person with the legal personality distinct from that of the trustee and beneficiary”.  This is a lawyerly way of saying “a trust is a relationship – it is

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November 24
2019
Commercial Law Litigation and dispute resolution

Trade mark claims in industrial disputes? Not Really Maintainable, Actually

You might be surprised to learn that an organisation with the word “Roads” in its name would find itself in dispute with the Maritime Union of Australia (MUA) (which is now a branch of the CFMMEU).  However, it’s a long road which has no turning, and as the National Roads and Motorists Association Ltd (NRMA)

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October 7
2019
Employment Law Intellectual property law

“You know how to whistle, don’t you? You just put your lips together and blow.”

Whilst the key to whistling may have been summed up by Lauren Bacall to Humphrey Bogart in To Have and Have Not, it is, unfortunately, not nearly so easy to summarise Australia’s new whistleblower laws which took effect on 1 July 2019. The Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (Cth) provides a single,

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September 23
2019
Employment Law Litigation and dispute resolution

The governing law of international arbitration agreements

For many years, Angus has coached intervaristy mooting teams in competitions which involve international disopute resolution (and in particular, international commercial arbitration).  Last year, he coached students from the Thomas More Law School at the Australian Catholic University (who were good enough, despite Angus’ coaching, to finish 27th out of 372 universities competing in Vienna).

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September 16
2019
International dispute resolution International trade law

When will “leave it to the experts” be a terrible idea?

There are many different ways to resolve contractual disputes.  As a consequence, when a contractual dispute arises, the question of which dispute resolution mechanism to use may become a further source of disputation.  For that reason, it is often a good idea to put some thought into dispute resolution clauses when the contract is being

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September 7
2019
Commercial Law Litigation and dispute resolution
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