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Member Articles


Mutual Wills – can you change your mind?

  Individuals can agree that they will not in the future revoke or amend their Wills without the other party’s consent. In contrast, mirror Wills, drafted on identical terms to each other, do not prevent one part ...

Injury, loss and labour hire – Transfer of risk in the gig economy

The last 20 years has seen a significant shift from companies utilising full time workers to part-time, casual and especially labour hire personnel.  In addition, many companies have structured their operational arr ...

Dismissal for alcohol induced 'sickie' found to be unfair

Ms Avril Chapman commenced employment with Tassal Group Limited (Tassal) in August 2012. At 4:46 pm on 25 April 2017, Ms Chapman telephoned Tassal and left the following message: ‘Hi Michelle, it’s Avril one of you ...

Australian High Court affirms narrative test for ‘serious injury’ in Humphries v Poljak

This rare referral to the High Court makes clear that the narrative test of serious injury laid down by the Victorian Supreme Court in Humphries v Poljak1 25 years ago remains good law. There must be a subjecti ...

Estate Agent Not Liable for Inaccuracies in a Brochure: A Landmark Supreme Court Decision

Author: Sean Barrett A property developer who relied on an estate agent's sales brochure has had his award of €350,000 in damages for negligent misstatement overturned by the Supreme Court by a 3:2 majority. Bac ...

Digital Millennium Copyright Act (DMCA) – Designate Your Agent.

Authors: Robert Van Arnam & Dirk Lasater The U.S. Copyright Office issued a rule change to the Digital Millennium Copyright Act (“DMCA”) § 512 safe harbor provision that affects the rights of online service provide ...

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