Q&As

'Do you really need to include that personal information?'

Friday October 17, 2014

A complainant has been awarded $7500 by the Federal Privacy Commissioner as a result of highly private personal information about him being included in an Information Pack for School Council members. The case sends a clear message to schools that they should carefully consider whether to include delicate personal information in School Council Information Packs and to make sure any such information is kept securely and treated in strict confidence. The case also serves as a warning to all public and private sector entities that are subject to privacy legislation, they should carefully consider whether it is really necessary to include personal information in papers prepared for boards or other governing bodies.
'Employment law update: Implied Terms of mutual trust and confidence rejected by High Court'

Friday October 17, 2014

In the recent case of Commonwealth Bank of Australia v Barker [2014] HCA 32 the High Court overturned the earlier Federal Court decision that a term of mutual trust and confidence was implied into employment contracts.
'Not shelved… yet: NSW Court of Appeal confirms shelf orders are valid'

Monday October 13, 2014

In the context of company liquidation, a shelf order allows a liquidator to apply to the court to declare certain transactions made by an insolvent company prior to its liquidation as “voidable transactions” and obtain relief. A recent decision by the NSW Court of Appeal in Fortress Credit Corporation (Australia) II Pty Ltd v Fletcher [2014] NSWCA 148 provides much needed reassurance to liquidators that shelf orders are valid. Prior to this decision there was a perception of discord between state courts as to whether or not this is the case. However, the reassurance brought by the decision comes with a slight caveat, with an application for special leave to appeal filed in the High Court.
'Fine print in asset and share sale agreements - you need those warranties, indemnities and guarantees'

Monday October 13, 2014

Prior to executing an asset or share agreement, taking time to negotiate warranties, indemnities or guarantees may prevent an uncomfortable conversation with your lawyer at a later date about why those protections weren’t drafted or properly limited in the first place. While it is common for key terms to an agreement to be negotiated relatively quickly, warranties, indemnities and guarantees provide key components for the risk management and allocation framework of asset and share sale contracts. These risk mitigation clauses should be drafted with thought and caution as they can provide significant protections. Your lawyer can assist you to understand that the value of warranties and indemnities is limited to the capacity of the party giving those assurances to pay for any claims made against them. Guarantees can provide comfort to contracting parties that the warranties and indemnities are worth more than the paper they were written on.
'Five top tips for resolving disputes early and avoiding excessive legal costs'

Monday October 13, 2014

When disputes arise, taking a practical approach will help to avoid lengthy and costly litigation. Conducting investigations quickly provides the best chance of resolving disputes early. When collecting all necessary information, whether the matter is litigated or not, keep in mind that it may take longer than expected. In addition, try to assess from an early stage whether a claim or proceedings have any merit, make early settlement offers and aim to be flexible in your proposed settlement terms. If the matter is relatively small, a carefully worded letter asking the other side to reconsider their position may be the solution and result in a concession being made.
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"Thank you, was helpful & informative and is an important and developing area of law."

Delegate - Use of Indigenous Land: The Legal Issues, Sydney, November 2017

 

 

 

 

 

, Use of Indigenous Land: The Legal Issues

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