Never miss another article.
Subscribe to our mailing list today.

Litigation and dispute resolution

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

Read more
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,

Read more
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

Read more
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

Read more
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

Read more
February 5
2019
Employment Law Litigation and dispute resolution

“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

Read more
December 9
2018
Commercial Law Litigation and dispute resolution

Three things in this life are certain – death, taxes and fights over legal privilege

“ATO targets legal privilege”, cries the front page of today’s Australian Financial Review,  neatly bringing together the second and the third of life’s certainties (the first certainty being one with which we try not to concern ourselves unduly here at Worth Knowing). The article quotes ATO Commissioner Chris Jordan as having said in March that “[the

Read more
October 9
2018
Commercial Law Litigation and dispute resolution

Vicarious liability in Australia – fit for purpose, or fit for “akin”?

When legal liability is imposed upon one person for the misdeeds of another, even though the first person is themselves blameless, this liability is described as “vicarious liability”.  In Australia, vicarious liability arises most often when an employer is held to be liable for the torts of an employee.  Australian law has developed two “central conceptions” in relation to such

Read more
October 1
2018
Employment Law Litigation and dispute resolution

Avoiding contempt of court for breach of freezing orders: it’s a matter of trust

When we are not writing about things which we think are worth knowing here on the “Worth Knowing” section of this website, we can sometimes be found writing about things which we think are worth knowing in other publications. This month, Angus has an article in the Law Society of NSW Journal on a recent

Read more
September 3
2018
Litigation and dispute resolution SVL in the community

Getting the right dispute resolution clause is a matter of binding your own business

Monday’s experts (according to the Weddings Parties Anything song of the same name) “always know what’s cooking, how the game was lost, and how it could have been won”.  What this song doesn’t tell us, however (in an unfortunate lyrical oversight) is whether Monday’s experts would be of much assistance in resolving disputes about commercial

Read more
August 11
2018
Commercial Law Litigation and dispute resolution
1 2