February 2020

Anti-Phoenixing Laws are Finally Here
Case Summary – The Cerebral Palsy Association of WA v Papalia
Is Your Default Interest Clause Enforceable, or is it a Penalty? Reminder on the Importance of Careful Drafting
Wage Theft Risk – Modern Award Pay Changes – Effective 1 March 2020
Anti-Phoenixing Laws are Finally Here

Tom Darbyshire
Partner

Late last week the Senate passed the Treasury Laws Amendment (Combatting Illegal Phoenixing) Bill 2019, which will become law very shortly.
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Case Summary – The Cerebral Palsy Association of WA v Papalia

Vidal Hockless
Partner

The issue of compliance by an insurer with s57A(3) of the Workers Compensation and Injury Management Act came before Lemonis DCJ of the District Court in a recent appeal from an arbitrator’s determination. Judgment was delivered on 19 December 2019.
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Is Your Default Interest Clause Enforceable, or is it a Penalty? Reminder on the Importance of Careful Drafting

Emma Leys
Partner

Daphne Schilizzi
Lawyer

The recent WA Supreme Court case of Argonaut Equity Partners Pty Ltd v Moran [2020] WASC 24 provides a useful reminder to borrowers and lenders of the importance of careful drafting of default interest clauses.
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Wage Theft Risk – Modern Award Pay Changes – Effective 1 March 2020

Michael Morgan
Lawyer & Consultant

Mike Baldwin
Special Counsel

The Fair Work Commission (FWC) has made changes to annualised salary provisions of modern awards following its recent 4- yearly modern award review process.
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