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Member Articles


Security of Payment – Service of Notices and Actual Receipt, BCFK Holdings v Rork Projects

The recent NSW Supreme Court decision in BCFK Holdings v Rork Projects provides useful guidance on important aspects of the critical milestone of valid service of claims under the Building and Construction Industry Secur ...

AUKUS, ITAR, Export Control Reform and the Australian Defence Industry

The AUKUS security alliance presents an opportunity to address export control reform and the issues the Australian defence industry may face with ITAR and other US export controls. Introduction The AUKUS trilateral sec ...

Penalties, Prosecutions and Prison Time: The ACCC’s Crackdown on Cartel Conduct

The Australian Competition and Consumer Commission (ACCC) has taken an aggressive stance against cartel conduct, leveraging its enforcement powers to secure significant penalties and criminal convictions against both bus ...

Lease Incentives: When is a Claw Back Considered Unenforceable?

In the context of commercial leasing, consideration should be given to what would constitute a penalty versus a genuine pre-estimate of damage for the purposes of enabling a landlord to lawfully claw back a proportion of ...

Natural Persons Only: Federal Court Clarifies Superannuation Entitlements in Jamsek v ZG Operations Australia

In Jamsek v ZG Operations Australia Pty Ltd (No 3) (Jamsek No 3) [1] the Full Federal Court confirmed that only natural persons are entitled to superannuation guarantee contributions, which excludes workers providing ser ...

Changes to Labour Legislation: Compensation Funds

Law No. 13/2023 of 3 April, amends the Labour Code and related legislation. Regarding Compensation Funds, although it does not make any changes to the respective legal regimes, the entry into force has significant impact ...

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