Legal Updates

The information published on this website is of a general nature and should not be construed as legal advice. Whilst we aim to provide timely, relevant and accurate information, the law may change and circumstances may differ. You should not therefore act in reliance on it without first obtaining specific legal advice.

Liquidators and Independence: Appearances matter

31.07.2014

Tom Darbyshire, Partner

In our February legal updates we reported on an unsuccessful attempt by ASIC to remove the liquidators of two construction companies. ASIC claimed that the liquidators would be seen to lack independence, because of their links to the advisory firm who recommended them for the job. The judge did not agree, and the decision made some important points about a liquidator’s duty of disclosure and impartiality.

Medical certificates – can they be questioned?

31.07.2014

Tim Lethbridge, Partner

We have previously published a legal update regarding whether an employer is obliged to accept a medical certificate on face value and the extent to which the employer can choose to query, disbelieve or disagree with it.[1]

How to get your divorce

31.07.2014

Alison Brooks, Solicitor

In Australia, divorce is a separate and distinct issue from property divisions and children’s matters, and it is usually a relatively simple and straight forward process.

Divorce is available on a no-fault basis, meaning that as long as some basic criteria are met there is no need for parties to prove the other was unfaithful or give reasons as to why they want the divorce.

The basic criteria

Jurisdiction

WA Worker falling asleep at the wheel

31.07.2014

Ken Grunder, Solicitor

The WA Supreme Court, Court of Appeal recently found against the appellant worker, Ms Fraser, in Fraser -v- Burswood Resort (Management) Ltd [2014] WASCA 130.

Local Laws and Amalgamations

31.07.2014

Brenton Oakley, Consultant

Introduction

A very important issue for Local Governments to deal with following an amalgamation will be managing, administering and consolidating its local laws.

Local Governments that are involved in amalgamation will find themselves on the day of Commencement of the new Local Government having two or more sets of local laws.