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Worth Knowing

If you get a job with a fake CV, do you have to pay the wages back when you get caught?

The Latin phrase “curriculum vitae” translates as “course of life”, but with the apparently increasing prevalence of CV fraud, there are some cases where a better translation would be “course of lies”.  News websites are awash with surveys about the number of people who have apparently engaged in CV fraud, although given that many of

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August 24
2022
Employment Law

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

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

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