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Worth Knowing

Secret recording contract

The secret recording has long been the staple of cop shows and gangster movies. The tension builds as the informant is “wired up” – will the wire be discovered? Will the criminals spill the beans about their dastardly plans? And most importantly, will it all happen before I’ve finished this popcorn? Secret recordings raise different

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October 12
2017
Employment Law

The receivers tried to take this company’s stuff and you won’t believe what happened next

OK, we apologise for the clickbait headline, but this is an article about the Personal Property Securities Act 2009 (Cth) (the PPSA) – and we know that much of the PPSA is so snooze-worthy that cases concerning its application are recommended by 9 of 10 doctors as emergency substitutes when your prescription sleeping medication runs

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September 28
2017
Commercial Law Litigation and dispute resolution PPSA Law

High Court to review employer duty of care in workplace investigations

The High Court of Australia has granted special leave to appeal in a case concerning the duty of care which an employer owes to an employee when conducting workplace investigations.  The grant of special leave does not necessarily mean that the law will change, but it does provide a useful opportunity to consider some of

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September 19
2017
Employment Law

Today’s forecast: showers in Paris, jurisdiction in Singapore

it is sometimes said that there is no limit to the ingenuity of lawyers, which may go some way to explaining why a plaintiff complaining of a slip and fall in a Paris hotel shower was suing a Singapore company in the Supreme Court of New South Wales last month. However, the plaintiff did not

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September 10
2017
International dispute resolution International trade law

It’s a long way to the top if you want a rock’n’roll trade mark

A couple of months ago, we wrote about an American dance/rock band who had to go all the way to the top (in this case, the US Supreme Court) in order to win the right to trade mark their band name.  We then considered how that case might have played out in Australia, given the

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August 31
2017
Intellectual property law SVL in the community

A solution to alien invasive species?

On 8 September, 2017, a major step will be taken to preserve and protect the marine environment from alien invasive species when the International Convention for the Control of Ship’s Ballast Water and Sediments, 2004 (Ballast Water Convention) comes into force. The problem of alien invasive species in the marine environment is one of the

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August 24
2017
Maritime Law

Employees or contractors? Make sure all your (radio) bases are covered

Between 2012 and 2015, a husband and wife operated a radio base for a truck repair company in Wagga  Wagga.  The question of whether they did so as employees or contractors, however, was anything but basic. After 7 days of hearing in the Federal Court, a judgment of 343 paragraphs was delivered.  The judgment identified

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August 22
2017
Employment Law

Follow deleter – remedies for the destruction of electronic documents in litigation

We are all used to seeing pop-up warnings when we go to delete electronic documents, although the pop-ups don’t usually warn us about things like “contempt of court” or “abuse of process”.  However, the destruction of documents can have serious consequences in litigation. A recent case in the Supreme Court of New South Wales has confirmed that

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August 17
2017
Litigation and dispute resolution

When commercial arbitration goes against the grain

Breaking up (so the song tells us) is hard to do.  This proposition is no less true of commercial relationships than it is of personal relationships, which is why difficulties can arise in the enforcement of contractual dispute resolution procedures, such as agreements to arbitrate.  Once a dispute actually arises, one party to the agreement

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August 4
2017
Commercial Law Litigation and dispute resolution

“Worth knowing” on tour

If you have ever worked with Angus Macinnis you will know how much he likes the sound of his own voice. Fortunately, he is not the only person who likes (or at least, is prepared to tolerate) the sound of his voice, which is why he gets invited to present at CLE seminars from time

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July 24
2017
SVL in the community
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