Commercial & Civil Legal

Of the disputes referred to the Supreme Court of Western Australia, less than 2% of matters make it to trial.

In 2021, businesses must move quickly to recover debts, particularly at this time of year when the sum of debtors may be larger than they can manage for the purposes of their cashflow.&nbs

On 7 January, Prime Minister Scott Morrison announced Australia's COVID-19 Vaccin

The most significant insolvency reform in Australia in the last 30 years has been announced. On 7 October 2020, the Treasury released some of the proposed details to the reforms for public co

Where an application is brought under section 447A of the Corporations Act 2001 (Cth) (Act) for the removal of administrators appointed pursuant to section 436C of the Act

Mondelez Australia Pty Ltd v AMWU & Ors [2020] HCA 29

Recent events have confirmed that no workplace is immune from the risk of sexual harassment. It is happening, and every employer has an obligation to prevent it.

The long awaited decision in WorkPac Pty Ltd v Rossato [2020] FCAFC 84 was handed down by the Full Federal Court (FFC) yesterday.

In response to the coronavirus pandemic, the Australian government has provided ‘short term regulatory relief' to corporations and related entities that are prevented from meeting requirements unde

Urgent legislation has been introduced in WA to provide further support for commercial and residential tenants and landlords experiencing rental distress due to the current COVID-19 crisis.

The High Court's recent decision in Australian Securities and investment Commission v King [2020] HCA 4 provides some important clarity around the definition of ‘officer' as defined in sec

With the rapid spread of Coronavirus and a potential pandemic on the horizon it is important that employers are aware of their obligations and start making preparations.Key Takeaways

In light of the recent chaos, and devastation caused by the Australian bushfires and the outbreak of the coronavirus, we delve into the relevance of “force majeure” in enforcing performance of cont

For the first time in a long time, workplace relations became a headline issue.

Under proposed changes to the subsidiary legislation of the Strata Titles Act 1985 (WA) (Strata Act), the State Administrative Tribunal (SAT

Employers should consider whether their casual employees are in fact casual employees in substance. Relevant considerations for determining this are:

Less than 2% of disputes make it to trial in the Supreme Court of Western Australia.

The recent $200,000 fine imposed on George Calombaris by the Fair Work Commission for underpaying staff is a timely reminder that the consequences of employers not understanding their obligations i

Key takeaway

A recent decision of the Supreme Court of New South Wales has confirmed the once uncertain proposition that owners of soc

This is an abridged version of a more comprehensive article you can find here

Aaron McDonald discusses the findings of the "Fiocco Report" with John Fiocco.

PODCAST: Mark Pownall talks to Aaron McDonald from Pragma Legal and Catriona Macleod from Cullen Macleod about the WA commercial and civil legal market, including the rise of technology and increase in client bargaining power.

The Independent Contractors Act 2006 (Cth) (Act) seeks to establish the legal obligations, liabilities and rights that arise in service contracts between independent contractors

The ACCC commenced proceedings against Meriton Property Services Pty Ltd (‘Meriton') for engaging in conduct likely to mislead the public in connection with online website reviews on TripAdvisor in

The ACCC introduced new laws on 12 November 2016 which extended to cover small business contracts and afford protection from unfair contract terms.

You may have heard the idea that a person includes companies. That sounds a little odd. Lawyers, on the other hand, don't blink at that sentence.

The future of the legal profession

The recent decision of Badran v Public Transport Authority of Western Australia [2017] WASCA 28, makes it clear that in Western Australia in order for an individual to obst

The NSW Supreme Court recently handed down a decision illustrating the importance of distinguishing ABNs and ACNs in the context of security registrations under the Personal Property and Securi

If you're a business owner, you may have heard of the term ‘trademark', and you may wonder whether you need one, or whether registering your business name is enough to protect you and your business

The number of businesses in Western Australia that are appointing insolvency practitioners to administer them have been