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    A major shock for employers of casual employees

    By Philip van den Heever on May 25, 2020 10:41:31 AM

    In the last week there has been a significant decision that has come as a major shock to employers of casual employees. In the case of Workpac v Rosatto, the Full Bench of the Federal Court of Justices Mordy Bromberg, Richard White and Michael Wheelahan found that even though Mr Rossato was on paper a casual employee, the evidence suggests that his employment was 'regular, certain, continuing, constant and predictable', and he was given rostered shifts well in advance, and as such, he was eligible to entitlements that full time employees receive.

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    ABC Learning Centres: why corporate governance matters

    By Philip van den Heever on Dec 18, 2019 10:50:24 AM

    ABC Learning Centres was the biggest childcare company in the world. From humble beginnings in Brisbane in 1988, it grew to 43 centres in Australia at the time it was listed on the Australian stock market. Between 2001 and 2007 the company acquired a further 2195 childcare centres across Australia, New Zealand, the UK and the United States.

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    The global market: no longer a choice

    By Philip van den Heever on Dec 13, 2019 11:09:06 AM

    Michael R Czinkota, former Deputy Assistant Secretary of Commerce in the United States Department of Commerce said this:

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    Firing the 'Unfireable': How to dismiss someone and not get sued

    By Philip van den Heever on Sep 23, 2019 2:52:23 PM

    Last week Frank Law presented a seminar entitled: Firing the ‘Unfireable’: How to dismiss someone and not get sued.

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    Age Discrimination or Inherent Requirements?

    By Philip van den Heever on Sep 10, 2019 11:22:34 AM

    Compulsory retirement is when an employer forces an employee into retirement by either;

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    5 Myths About Voluntary Administration

    By James Frank on Jul 31, 2019 10:48:54 AM

    Whenever we speak to clients about why their business is struggling and explore restructuring options we continually hear common myths about the Voluntary Administration (VA) process. We have detailed the 5 key myths below:

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    Why You Need a Process Server

    By Andrea Harrold on Jul 31, 2019 10:31:17 AM

    When running a litigation matter, that is, any Court matter, it is critical to be able to prove to the court that your court documents were delivered to the other side. Afterall, if the other side did not receive your court documents then how do they defend themselves and how is justice upheld in the court system? This is where a process server comes in handy.

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    The 4 Step Process of Voluntary Administration

    By James Frank on Jul 20, 2019 4:18:34 PM

    Voluntary Administration is a formal restructuring process contained within Part 5.3A of the Corporations Act. It has more recently become a strategic tool used by directors to protect themselves from insolvent trading breaches but also to ‘reset the business’ in times of shock.

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    Why the Safe Harbour Regime is More Useful Now Than Ever

    By James Frank on Jul 11, 2019 10:58:14 AM

    On 19 September 2017 the safe harbour laws commenced which enabled directors to turn around struggling companies without exposing themselves to personal liability under Australia’s insolvent trading laws.

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    Is an employer liable for the crimes of their employee?

    By Andrea Harrold on Jun 17, 2019 11:42:59 AM

    The actions of employees regularly get employers into trouble. Whether it’s a disgruntled employee as they leave their workplace or a trainee starting out, there can be many issues that need to be accounted for by the employer. But what about criminal activity?

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