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Tagged: fair work

Contracting Out of Statutory Limitation Periods

Recently the High Court of Australia (Court) held that parties may validly contract out of statutory limitation periods. This decision will likely have broad application and impact on clauses in …
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Promissory estoppel

Commercial parties tend to operate in fluid and fast paced environments. Frequently formal contracts are entered into or amended late or possibly not at all. Time constrains, cost constraints or …
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Signing Documents in the Digital Age

With the current lockdown forcing many offices to close, we have seen an increase in the number of queries from clients regarding the remote execution of documents. This article provides …
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Activating development consents

In NSW, a development may or may not require consent, depending on the conditions in an environmental planning instrument. Developments which do not require consents are usually very low impact …
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Caveats – who, what, why?

What is a caveat? A caveat is a form of warning with respect to land.  A caveat alerts others that the person who lodged the caveat (caveator) has an unregistered …
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Changes to Company Electronic Execution

Background The most common method by which a company may execute a document is that prescribed by s127 of the Corporations Act 2001 (Cth) (Corporations Act). By doing so, parties …
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Introduction to the PPSA

Most businesses and many individuals will be asked to either give a security interest over their personal property or will want to benefit from a security interest over another’s personal …
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CPB held to its DEAL

A recent decision of the New South Wales Supreme Court in CPB Contractors Pty Ltd v DEAL S.R.L. [2021] NSWSC 820 confirmed the pro-arbitration approach of the Supreme Court and …
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Variation to redundancy pay during COVID-19

Two recent Fair Work Commission (FWC) decisions provide guidance to employers about the approach to varying redundancy pay during the time of COVID-19. The key takeaways are: the FWC may …
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JobKeeper FAQs: eligibility and payments

Vincent Young has compiled a list of FAQs to help employers understand the JobKeeper scheme.     If you would like to discuss this further and the implications for your …
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JobKeeper FAQs: directions and agreements

Vincent Young has compiled a list of FAQs to help employers who qualify for the JobKeeper scheme. NOTE: The ability to provide these directions and reach these agreements comes from …
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Changes to legislation for off-the-plan sales

The Conveyancing (Legislation) Amendment Act 2018 (Act) was passed by Parliament on 13 November 2018. It deals with aspects of electronic land transactions and off-the-plan sale contracts for residential property. …
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5 key changes to employment laws on 1 July 2019

National Minimum Wage Each financial year, the Fair Work Commission’s (FWC) Expert Panel for wage reviews undertakes it annual wage review and subsequently publishes its decision. This financial year, the …
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Ipso facto clauses on insolvency

  On 12 September 2017, reforms to Australia’s corporate insolvency were passed by both Houses of the Australian Federal Parliament, which includes:[1] a) a safe harbour for company directors from …
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Separable Parts in Staged Development

The Strata Building Bond Scheme, which was introduced by the Strata Management Act 2015 (the Act), provides that in situations where the Act applies (See New strata law and building …
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Are you Guaranteeing an Indemnity?

Introduction It is common for a contractor to provide an indemnity and/or a guarantee to a principal under a construction contract. However, contractors must know that the two are fundamentally …
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You, Me and the Garnishee

The first question clients ask when obtaining a favourable judgment is “how will we enforce this judgment against the debtor?”. The quickest and most effective way to enforce a judgment …
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Vincent Young Annual Luncheon – Est.

On Friday 14th October 2016, Vincent Young hosted its Annual Luncheon at Est. Our Annual Luncheon is an opportunity for us to thank our existing clients as well as get to …
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Commercial Construction and a Duty of Care

Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 [2014] HCA 36 The High Court of Australia has unanimously held that Brookfield Multiplex Ltd (Brookfield) did not owe a duty …
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Asbestos Register

If you are in management or control of a workplace, then you must keep an asbestos register – a document that lists all identified or assumed asbestos in a workplace. …
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Product Safety Recall – Electrical Cable

Please be advised that on 27 August 2014 the Australian Competition and Consumer Commission (ACCC) released a Product Safety Recall of all, INFINITY & OLSENT branded Infinity TPS (flat and …
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The PPSA and Equipment on Site

The Personal Properties and Securities Act (2009) (Cth) (PPSA) is a law about security-interests which applies to all personal-property Australia wide.[1] The PPSA has created a national register over security …
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Defects liability – How long am I liable?

Limitations on claims for breach of Statutory Warranties under the Home Building Act Contractors who undertake residential building work now carry the risk of multiple claims for defects for a …
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