OVERVIEW TO UNFAIR DISMISSAL

Introduction to unfair dismissal What is an 'unfair dismissal'? Unfair dismissal is defined under s 386 of the Fair Work Act 2009 (Cth) ("the Act"). Section 386 provides: A person has been unfairly dismissed if the Fair Work Commission is satisfied that: the person has been dismissed; and ...

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Date posted: 2015-07-01 | Comments(0)


National Credit Code

Presumption of Credit Code - Bank of QLD v Dutta [2010] NSWSC 574 Section 13 of the National Credit Code ("Credit Code") creates a presumption for the application of the Credit Code. However the question then becomes, does the Credit Code still apply when a borrower fraudulently acquires funds from a lender, and uses the funds for a Credi...

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Date posted: 2015-07-01 | Comments(0)


Describing your collateral under the Personal Property Securities Act 2009 (“PPSA”) - what is required?

Nearly every person who has completed a registration on the Personal Property Securities Register will tell you that they were not 100% sure of what box to tick or how to describe the property (collateral) over which they are registering their interest. Not only is the process confusing and the online guidance limited, but the consequences of incorr...

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Date posted: 2015-06-22 | Comments(0)


When it pays not to have a security interest

(Dura (Australia) Constructions Pty Ltd v Hue Boutique Living Pty Ltd & Ors [2014] VSCA 326)  Imagine that you have been appointed Receiver over a company which is already in liquidation. Your appointer has an all assets charge and they tell you that the company transferred a million dollars into a solicitor’s trust account only...

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Date posted: 2015-06-11 | Comments(0)


Employment Awards under review - How will you be effected?

There are currently 123 Modern Awards in Australia. Awards are categorised according to specific industry and/or job type and apply to employees who are not covered by an enterprise agreement or other registered agreement. Simply put, Awards set out the minimum wage and employment conditions for a vast number of Australian employees. All Mo...

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Date posted: 2015-05-26 | Comments(0)


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