Sham contracts (Employee v Contractor) and a recent High Court decision
The Decision The High Court of Australia recently handed down a decision with the effect that an “employer” cannot avoid the sham contracting provisions in the Fair Work Act...
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Cease and Desist Letters: Everything You Need to Know
What is a cease and desist letter? A cease and desist letter is the term that is given to those letters that are sent to people whom you believe...
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When Should I Speak to a Lawyer?
Transcript Gavin Hanrahan: Hello, my name is Gavin Hanrahan. I’m the managing partner of Turnbull Hill Lawyers, and I’ve been a litigation lawyer for 25 years. That means for...
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The trouble with being an SME that deals with big business
The trouble with being an SME that deals with big business As an SME, entering into a business contract with a large corporation can seem like a fantastic windfall...
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Personal Guarantees: Do you know what you are signing?
Personal Guarantees: Do you know what you are signing? Our firm is frequently involved in litigation concerning personal guarantees. A familiar scenario is one where a company director is...
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Personal Guarantees: 5 things you should know
Personal Guarantees: 5 things you should know A personal guarantee is a promise made by the person giving the guarantee that they will meet the obligations of a person...
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Contractual Warranties: Can an assignee sue for pre-assignment breaches?
Take-away Message Can an assignee sue for pre-assignment breaches? Yes, unless the terms of the commercial contract specifically state that they cannot… Introduction An assignee is a person (or...
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What is required of an insured to comply with the duty to disclose set out in section 21 of the Insurance Contracts Act
A recent decision of the NSW Court of Appeal sheds some light on what an insured’ duty of disclosure obliges the insured to do. Section 21 of the Insurance...
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The Debt Recovery Process in NSW
The debt recovery process in New South Wales (NSW) is very similar to the debt recovery processes followed by all other Australian states. The process almost always begins in...
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Have you settled a dispute? If so, it should be documented to avoid future disputes!
Disputes may arise in all sorts of situations and often they are resolved by the parties without the need for intervention by lawyers. That’s all good, provided you document...
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