Publications

Date Title Author Practice Area
03 May 2016

Legal professional privilege over bullying investigation report upheld by Fair Work Commission

Legal professional privilege is a rule that protects against the disclosure of communications between a lawyer and their client, when the dominant purpose of these...

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Employment
03 May 2016

Workplace bullying – FWC Full Bench considers the test of “repeated unreasonable behaviour while at work”

For the Fair Work Commission (FWC) to make anti-bullying orders, the conduct must meet the test of being "repeated...

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Employment
03 May 2016

Breaching workplace safety valid reason for dismissal

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Employment
03 May 2016

Protecting your business - restraints of trade

Restraints must be reasonable

In order for a restraint to be enforceable, it must be reasonable. In New South Wales, the Restraint of Trade Act...

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Employment
27 Apr 2016

Forge Group Power Pty Limited (In Liquidation) (Receivers and Managers Appointed) v General Electric International Inc – The Meaning of "Regularly Engaged in the Business of Leasing Goods" and "Fixture" Under the Personal Property Securities Act 2009

Introduction

The New South Wales Supreme Court's decision in the case of Forge Group Power Pty Limited (In Liquidation)(Receivers and Managers Appointed) v General...

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Paul Wong Banking, Finance & Property
31 Mar 2016

When Liquidated Damages become a Penalty?

Since the High Court case of Andrews v ANZ Bank (1) was handed down in 2012, a great deal of legal uncertainty followed in respect of the enforceability of certain...

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Roger Mattar Banking, Finance & Property
31 Mar 2016

Liquidator's consent of "significant weight" in an application to terminate a winding up order

Westside Sugar Cane Juicery Pty Ltd [2015] NSWSC 1991

Kemp Strang acted for the Liquidator in an application in the Supreme Court by the director of...

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Dispute Resolution & Insolvency
31 Mar 2016

Enforcing mortgages and loan documents with allegedly forged signatures

Australia and New Zealand Banking Group Limited v Adventure Quest Paintball-Skirmish Pty Limited [2016] NSWSC 188

Introduction

Australia and New...

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Dispute Resolution & Insolvency
31 Mar 2016

Valuer Negligence – The Court of Appeal comments on the "no transaction" defence

Cummins Generator Technologies Germany GmbH v Johnson Controls Australia Pty Limited [2015] NSWCA 264

Introduction

In litigation where a lender sues...

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Dispute Resolution & Insolvency
03 Mar 2016

Strata Reform

By Roger Mattar, Partner (with assistance from Georgia Videan, Law Clerk)

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Roger Mattar Banking, Finance & Property
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