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The Fair Work Act’s new anti-bullying regime has now been in operation for just over 4 months. It was feared that there would be a deluge of claims to the Fair Work Commission (“Commission”), however this has not been the case. In the first 3 months of operation, there have been only 151 applications.  Does this mean the jurisdiction has no teeth and is not as useful as initially anticipated in preventing bullying in the workplace?
Posted on:
30 May 2014
An appointment without recouping your costs, expenses and remuneration – the terror of a liquidator without the benefit of a statutory indemnity. Thankfully the High Court in Stewart v. Atco Controls Pty Ltd (In Liquidation) [2014] HCA 15 has recently affirmed the principles in Re Universal Co Ltd (In Liq) (1933) 48 CLR 171 that a liquidator’s equitable lien reigns supreme in circumstances where the liquidator’s work has created a fund from which the secured creditor will derive a benefit. 
Posted on:
28 May 2014
In a recent decision, the Federal Court of Australia limited the involvement of a respondent in native title proceedings and made an order for indemnity costs against the respondent for costs and losses incurred by the applicant as a result of the respondent’s conduct.  Any person whose rights and interests may be affected by a determination of native title is still entitled to become a party to native title proceedings however this decision highlights the importance of respondents involving themselves in proceedings only to t
Posted on:
27 May 2014
The Native Title Act is currently the subject of a major review by the Australian Law Reform Commission.  The Terms of Reference for the Review focus on the critical areas of “connection”, authorisation of native title claims, and joinder (who can join or become a party to native title proceedings, and when).  The Commission is also investigating related issues, including whether the Native Title Act should be amended to recognise traditional rights and interests of a “commercial” natu
Posted on:
27 May 2014

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