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Legal Decisions and Updates

Who may be personally liable for work health and safety breaches?

Friday, October 12, 2018

The Work Health and Safety Act 2011 (WHS Act) imposes an obligation on officers of corporations and unincorporated organisations to exercise due diligence in ensuring the organisation complies with health and safety duties. The term ‘officer’ incorporates a broad range of individuals, who are subject to a high level of duty, and face severe potential punishments for breaching this duty.
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Servcorp’s Contract Terms Declared to be Unfair

Tuesday, July 31, 2018

In a recent decision by the Federal Court, 12 standard form contract terms used by Servcorp and its subsidiaries were declared unfair and struck out. The ACCC used its authority under Australian Consumer Law (“ACL”) to commence proceedings last year as part of its crackdown on unfair terms in business-to-business contracts.
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Castle v United States - fraudulent lending scheme

Friday, July 27, 2018

The Federal Court of Australia has recently upheld the extradition of an allegedly fraudulent American citizen, Mr Castle. Mr Castle is alleged by the US to have masterminded a complex fraudulent lending scheme in which he duped homeowners out of millions of dollars.
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Triguboff v Fairfax Media

Tuesday, July 24, 2018

The Federal Court has struck down a defamation claim before it proceeded to trial, on the basis that the applicant was not actually referred to in the article alleged to be defamatory.
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