News & Blog

Stay up-to-date with interesting perspectives from the team at McCabes.

ATTENTION! (to detail)

Published by Trent Le Breton - Principal - Commercial Division Leader
Mar 21, 2018 in Corporate
Cross-referencing, when done correctly, is a convenient way to link two connected clauses in a contract. However, when done incorrectly, it can cause ambiguity that results in clauses being rendered void or interpreted ways that contradict the parties’ intentions. In this article we look at the consequences of incorrect cross-referencing. Cross-referencing is commonly used in… View Article
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Curwoods and McCabes set to combine

Published by McCabes News -
Mar 8, 2018 in McCabes News
McCabes Lawyers and Curwoods Lawyers have signed a Heads of Agreement to merge by 1 July 2018. The merger will bring together McCabes’ strong corporate and commercial offering and their specialist insurance lines, with Curwoods’ broad insurance practice to create a platform for growth across all business lines. The new entity will be known as… View Article
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Can an employee’s personal use of social media amount to grounds for dismissal?

Published by Elisa Blakers - Lawyer
Mar 8, 2018 in Employment
A brief look at decisions involving termination of employment for conduct involving social media reveals that employers often take swift disciplinary action following what they consider to be inappropriate conduct on social media by an employee. However, whether a dismissal is justified depends on both the nature of the conduct and the subsequent actions of… View Article
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Education provider learns the hard way: A lesson in maximum term contracts – Saeid Khayam v Navitas English Pty Ltd t/a Navitas English [2017] FWCFB 5162

Published by Erin Kidd - Senior Associate
Mar 7, 2018 in Employment
A recent decision of the Full Bench of the Fair Work Commission means employers can no longer rely on maximum term contracts as absolute protection from unfair dismissal claims. The Full Bench of the Fair Work Commission has handed down a decision that alters the Commission’s approach to determining whether employees engaged on maximum term… View Article
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Should climate change risks be on a director’s radar?

Published by Andrew Lacey - Managing Principal
Insights from legal professionals and company regulators suggest that company directors should consider and respond to the risks posed by climate change as part of their duty to act with care, skill and diligence. The recent proceedings commenced by two shareholders of the Commonwealth Bank of Australia (CBA) against CBA in the Federal Court of… View Article
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McCabes’ Start-up guide to capital raising

Published by Tom Morgan - Senior Associate
Feb 22, 2018 in Corporate
There are essentially two forms of finance available to companies – debt finance and equity finance. Equity finance can be described, quite simply, as the issue of new securities by a company, to investors, in return for funding. This article is intended to provide a ‘101 guide’ for entrepreneurs and founders of start-ups as to… View Article
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Statutory liability as a director: Part 2

Published by Andrew Lacey - Managing Principal
In Part 1 of this two-part series, we looked at how you can be personally liable as a director for your company’s breach of taxation laws, company laws, and workplace laws. We also considered the ways in which directors may be held accessorily liable for their company’s contraventions of industry specific statutes, such as the… View Article
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Supreme Court of NSW rejects an expert accountant’s apparent need for certain documents: Secure Logic Pty Ltd v Noble [2017] NSWSC 1545

Published by Andrew Lacey - Managing Principal
The interlocutory decision referred to below is an important reminder to all practitioners that when an expert witness claims to require access to certain documents to complete his or her report this should not necessarily be taken as gospel, and the expert may be required to provide a rational explanation. Background facts Mr Noble brought… View Article
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The duty of good faith and reasonableness: too much pizza, too little dough

Published by Andrew Lacey - Managing Principal
The obligation to act with “good faith and reasonableness” is a relatively modern, and continually evolving, area of contract law. This principle recently received some further consideration from the Federal Court of Australia in a legal battle concerning a topic of fundamental national importance: the price of pizza. Entrée: the price of the menu In… View Article
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