Jackson McDonald publications

Publications


  • 1 July 2015

    Court of Appeal further limits scope of apportionment: This time under the ACL

    A unanimous Court of Appeal made the obiter dicta observation that the only cause of action that is apportionable under the Australian Consumer Law is the civil liability arising from misleading or deceptive conduct prohibited by s18 (a general prohibition on misleading or deceptive conduct in trade or commerce).  Causes of action based on other similar but narrower provisions in the Australia Consumer Law, such as the s30 prohibition on false or misleading representations in connection with the sale or grant of land, are not apportionable.

    Whilst the Court of Appeal’s observation was obiter, this case is the latest in a line of Federal and High Court decisions, and is arguably consistent with analogous views of the High Court in Selig v Wealthsure Pty Ltd [2015] HCA 18 (Selig).

    The authors considered those cases in an article last month, and this new case should be seriously considered by those whose interests are affected by proportionate liability.

    LINK 41KB

    Author: JC van der Walt

  • 30 June 2015

    Important changes for employers to note (effective 1 July 2015)

    As of today the minimum wage and award rates will increase at a Federal and State level.

    LINK 41KB

    Author: Renae Harding

  • 26 June 2015

    Introduction of the Australian Small Business and Family Enterprise Ombudsman

    On 3 June 2015 the Australian Government introduced the Australian Small Business and Family Enterprise Ombudsman Bill 2015 (Cth) (Bill). The Bill transforms the Australian Small Business Commissioner into the Australian Small Business and Family Enterprise Ombudsman (the Ombudsman) and outlines the functions and powers of the Ombudsman.

     





    LINK 41KB

    Authors: Emma Chinnery, Elizabeth Tylich

  • 1 June 2015

    Foreign investment in Australia: local government exemptions

    Local government receives a number of benefits from real estate transactions with foreign persons.

    The FIRB requirements otherwise applicable to foreign persons purchasing real estate in Australia do not apply if the seller is a local government.

    LINK 378KB

    Author: Simon Moen

  • 29 May 2015

    Recent developments in labour hire arrangements – contractor v employee and transfer of business ramifications

    Although labour hire arrangements are often touted as being a simple way to avoid the complexities that come with having direct staff, recent decisions have shown that they can have unintended consequences.
     
    The following newsletter summarises two recent cases.  The first provides guidance in determining whether a worker is an employee or contractor, and makes it clear that sometimes a worker will be a direct employee regardless of a purported labour hire arrangement.  The second describes how a worker’s service with a labour hire company can be included as direct service with an employer if the worker is made a permanent employee.

    LINK 40

    Authors:

  • 22 May 2015

    Phoenix Directors” beware: Directors of phoenix companies held liable for underpayments to employees

    In the recent case of Roberts v A1Scaffold Group Pty Ltd & Ors [2015] FCCA 422 the Federal Circuit Court has held company directors personally liable to pay compensation to former employees for Award underpayments.

    LINK 38KB

    Authors: Renae Harding, Shannon Walker

  • 21 May 2015

    Building Energy Efficiency Disclosure

    The Energy Efficiency Disclosure Amendment Act 2015 (Cth) introduces a comprehensive range of changes to the administrative processes, disclosure obligations and various exceptions under the Building Energy Efficiency Disclosure Act 2010 (Cth).

    LINK 30 KB

    Author: Ryan Chorley

  • 13 May 2015

    ‘Deep pocket’ defendants still liable for the kitchen sink – The High Court limits which claims are ‘apportionable’

    A Ponzi scheme, moral culpability, statutory interpretation and disagreeing Federal Court judges. Those were the ingredients that lead the High Court in Selig v Wealthsure Pty Ltd [2015] HCA 18 (Selig) to consider the proportionate liability regime for just the second time since the legislation was introduced more than 10 years ago.

    The High Court, in an unanimous decision by French CJ, Kiefel, Bell, Gageler and Keane JJ, determined that the only cause of action that is apportionable under the Corporations Act is the civil liability arising from the misleading or deceptive conduct prohibited by s1041H (a general prohibition on misleading or deceptive conduct in relation to a financial product or a financial service, the contravention of which leads to civil liability only).  

    In doing so, the High Court settled a lingering inconsistency between two previous Federal Court decisions.

    Download PDF 38KB

    Author: JC van der Walt

  • 7 May 2015

    PPSA Frontline – Spotlight on PPSA section 44 - serial number registration

    Much is made about registering against the serial numbers of serial numbered property under the Personal Property Securities Act 2009 (Cth).  However, the actual effect of failing to register by serial number or registering against an incorrect serial number is often overlooked.  Serial number is defined to mean a serial number by which the regulations require, or permit, the collateral to be described in a registration. 



    LINK 50KB

    Author: Hilary Hunt

  • 22 April 2015

    Directors and ex-directors of companies held liable to compensate employee for Award underpayments

    The Federal Circuit Court has used the Fair Work Act 2009 (Act) to hold company directors personally liable to pay compensation for Award underpayments to an employee in Roberts v A1Scaffold Group Pty Ltd & Ors [2015] FCCA 422.

    LINK 39KB

    Authors: Renae Harding, Shannon Walker