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Worth Knowing

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

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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

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October 1
2018
Employment Law Litigation and dispute resolution

Health (and safety) is other people – the wide reach of section 19(2) of the harmonised WHS Acts

Jean-Paul Sartre, as it turns out, never said, “Hell is other people” (although he did use that line in his 1944 play called Huis Clos, or No Exit).  Nor, as far as our researches have disclosed, did Sartre have much to say about work health and safety.  This is perhaps surprising, given the importance of duties which are

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September 9
2018
Work health and safety

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

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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

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August 11
2018
Commercial Law Litigation and dispute resolution

Pirates ahoy – the scourge of the Seven Seas

Recent reports of deaths of fishermen off the coast of Guyana from attacks by pirates highlight the continuing existence of “Pirates of the Caribbean”. However, they are not the fun-loving, Johnny Depp type of pirates but an example of the continuing scourge of piracy in many of the world’s oceans. Although piracy off the coast

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August 2
2018
Maritime Law

Can relaunching an old brand be misleading or deceptive? You bettor believe it

These days, it seems that everything old is new again; so if you if you are looking for a new brand, it’s a safe bet to go back to one of your old ones, yes?  Well, no, as CrownBet has just discovered in its attempt to bring back the “Sportingbet” brand back to Australian sports

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July 21
2018
Competition and consumer law Intellectual property law

To avoid social media liability, it’s likely that you DO have to read the comments

“Never read the comments” is often said to be one of the cardinal rules of the Internet – indeed, if you need reminding of the importance of the rule, the Internet will helpfully supply you with T-shirts and cross-stitch patterns so that you don’t forget. However, whenever there is a rule, there will be exceptions which

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July 10
2018
Competition and consumer law Defamation Social media law

Everything you wanted to know about International Humanitarian Law and how to moot it (but were afraid to ask)

Although we can help you with a wide array of legal issues at StevensVuaran Lawyers, it is fair to say that our International Humanitarian Law (IHL) practice is not enormous.   In that field of law, the people you want to speak to are the Australian Red Cross (as part of the International Red Cross and

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June 21
2018
SVL in the community

Say it isn’t so – the oral variation of contracts which prohibit oral variation

If a contract says that it can only be varied in writing, then it can only be varied in writing, yes? Well, actually (under Australian law), it ain’t necessarily so.  Perhaps surprisingly, Australian law will give effect to oral variations of contracts even if the contract contains a “no oral variation” (or as it is

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June 15
2018
Commercial Law Litigation and dispute resolution
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