Archive: March 2020

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Issues arising from the obligation to repair and maintain in the cladding crisis

Introduction Recent authority suggests an owners corporation’s duty to repair and maintain common property may include upgrading works if the non-compliant…

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Commercial Directions

COVID-19 and construction contracts – relief available to contractors

The commercial, legal and economic impacts of the COVID-19 (coronavirus) global pandemic are escalating. Contractors in the Australian construction industry are…

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Commercial Directions

New laws combat illegal phoenixing

Phoenixing is when the controllers of a company deliberately avoid paying liabilities by shutting down an indebted company and transferring its…

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Commercial Directions

Important changes to modern award annualised wages

Since 1 March 2020 employers who pay annualised salaries in accordance with modern award provisions need to ensure their arrangements comply…

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Commercial Directions

Legal professional privilege is a shield, not a sword – A major win for the regulators

The High Court of Australia has confirmed in Glencore International AG v Commissioner of Taxation that legal professional privilege may only be…

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Commercial Directions