Litigation & Disputes

employment lawyers

Don’t Wait, Unfair Dismissal and Redundancy

12.08.21

Have you been unfairly dismissed or made redundant? The Fair Work Act sets out your rights as an employee, ensuring that your hard-earned money is not wasted. Click the below link to read more on your employee rights and potential remedies under the Fair Work Act. Alternatively, if you are running a small to medium size business and have being wrongly accused of unfairly dismissing an employee, click the below link to understand your obligations generally. Read More.

Galaxy Developments

Galaxy Developments Pty Ltd | Time is of the Essence

05.08.21

The recent case of Civil Contractors (Aust) Pty Ltd v Galaxy Developments Pty Ltd & Ors; Jones v Galaxy Developments Pty Ltd & Ors [2021] QCA 10, demonstrates why, under the Building Industry Fairness (Security of Payment) Act 2017 (Qld), adjudicators must make their determinations within the legislative timeframe. Read More.

adjudication process

Building Industry Fairness Act Part 3: The Adjudication Process

21.07.21

This is the third article in our three-part series regarding the operations of the Building Industry Fairness (Security of Payment) Act 2017, where we explore The Adjudication Process. Read More.

Issuing a Payment Schedule

Building Industry Fairness Act Part 2: Issuing a Payment Schedule

02.06.21

This is the second article in our three-part series regarding the operations of the Building Industry Fairness (Security of Payment) Act 2017 (‘BIF Act’). The BIF Act was introduced primarily to simplify the procedure for recovering payments owing to contractors in the building and construction industry. Read More.

Down-N-Out

It’s Good to be Different

06.05.21

The recent case of Hashtag Burgers Pty Ltd v In-N-Out Burgers Inc demonstrates the importance for owners and directors to do their trade mark due-diligence both locally and internationally before starting a business or re-branding a business. Read More.

Family Trust

Professionally Maintain Your Family Trust or Risk Legal Proceedings

15.04.21

The recent case of Onza Industries Pty Ltd v Tingalpa Tyre & Mechanical Pty Ltd [2021] QSC 1 demonstrates the consequences of miscommunication when purchasing joint properties under a family trust. Further, Onza v Tingalpa displays the importance for families to properly and professionally maintain their family trusts in order to circumvent needless legal proceedings. Read More.

Quantum Meruit

Quantum Meruit: Roude v Helwani [2020] MSWCA 310

25.03.21

The recent decision of Roude v Helwani (‘Roude’) by the New South Wales Court of Appeal concerned a builder’s claim for payment on a quantum meruit basis and the requirements for establishing that cause of action, specifically whether the builder was required to lead evidence of the market rate for the work performed. Read More.

Issuing a Payment Schedule

Building Industry Fairness Act Part 1: Issuing a Payment Claim

11.03.21

This is the first article in our three-part series regarding the operations of the Building Industry Fairness (Security of Payment) Act 2017 (‘BIF Act’). The BIF Act was introduced primarily to simplify the procedure for recovering payments owing to contractors in the building and construction industry. Read More.

COVID-19 Vaccine

Can my Employer Make the COVID-19 Vaccine Mandatory?

05.03.21

The COVID-19 Vaccine is here, and while the vaccine is not mandatory under Commonwealth or State Government policy, it is entirely possible that mandatory vaccines could become a requirement for employees in some circumstances. Read More.

Rockment Pty Ltd t/a Vanilla Lounge

Rockment Pty Ltd t/a Vanilla Lounge v AAI Limited t/a Vero Insurance

25.02.21

The high-profile case of Rockment Pty Ltd t/a Vanilla Lounge v AAI Limited t/a Vero Insurance established that not all exclusion clauses (in business interruption insurance policies) under the Biosecurity Act will apply to the losses suffered by business due to the COVID-19 directions and lockdowns. Read More.

All Up Offering

‘All Up’ Settlement Offer for ‘All Claims in the Proceeding’? – Think Again

18.02.21

The high-profile case of Wiggins Island Coal Export Terminal Pty Ltd v Civil Mining & Construction Pty Ltd established that when settling multiple claims in one proceeding, an ‘all up’ offer for ‘all claims in the proceeding’ will be ineffective. The case also highlighted when and when not a Calderbank offer will be effective. Read More.

Cant v Mad Brothers Earthmoving

Cant v Mad Brothers Earthmoving

11.02.21

The recent Victoria Court of Appeal case of Cant v Mad Brothers Earthmoving gives a useful overview of how unfair preference claims are determined in instances where the payment involves a third-party payment. Read More.