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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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    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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    In which jurisdiction should I pursue my debt?

    By Matthew Sibley on Jul 9, 2019 4:34:47 PM

    If someone owes a debt to you that they refuse to pay, you may wish to take legal action to pursue them for payment of the amount owing. If you decide to sue someone for the debt, the first question you must consider is the applicable jurisdiction. In other words, you need to ask yourself the question, ‘In which jurisdiction should I pursue my debt?’.

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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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    How to Restructure your Business: Part Two

    By James Frank on Apr 3, 2019 10:44:52 AM

    As already identified in a previous article titled, How to Restructure your Business: Part One, the broad insolvency process in Australia can be broken down into 2 stages:

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    How To Hire Overseas Employees

    By Philip van den Heever on Mar 26, 2019 12:18:27 PM

    Australian businesses are increasingly engaging workers overseas attempting to overcome skill shortages or simply lowering labour costs. Opening offices overseas or establishing overseas joint ventures usually involves Australian companies sending Australian management overseas and then, along with hiring local workers, establishing overseas branches to assist in their Australian operations. But advances in technology are progressively making it unnecessary for Australian businesses to relocate employees overseas, they can simply ‘hire and fire’ overseas workers from the comfort of their Sydney-based HQ offices.

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    How to Restructure your Business: Part One

    By James Frank on Mar 26, 2019 11:33:18 AM

    The insolvency process in Australia can be broken down into two stages.

    1. Restructuring: when there is a possibility that the company can turnaround or be salvaged
    2. Winding Up: when the company is irretrievably insolvent and has no real possibility of a turnaround or resurrection
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