![Case of Elisha v Vision Australia Ltd [2024] HCA 50](/media/3390/article-case-of-elisha-v-vision-australia-ltd-2024-hca-50-2.jpg?anchor=center&mode=crop&width=430&height=287&rnd=133885068870000000)
The recent landmark High Court decision in Elisha v Vision Australia Ltd clarifies employers' obligations in disciplinary processes and expands the scope for employees claiming damages for psychiatric injury due to unfair dismissal procedures. Our Employment Law team explains the implications of this decision for Australian businesses and employees alike. Read More
Australia’s employment market is set for a significant change with the Federal Government announcing a ban on non-compete clauses starting in 2027. Lawyer Maddy Kotteeswaran explains how this landmark reform could boost wages, enhance innovation, and reshape career and business opportunities nationwide. Read More
A recent Supreme Court decision (Bagshot Investments v Huntly Property Holdings [2025] VSC 16) highlights that summary judgment is not easily granted in contested cases. Under the Civil Procedure Act 2010 (Vic), a claim or defence can be dismissed if it has no real prospect of success, but courts may still require a full trial if factual disputes exist. In this case, both parties sought summary judgment, yet the Court found inconsistencies in the evidence, reliance on inferences, and unclear contractual terms that required cross-examination. This ruling reinforces that summary judgment is a powerful but limited tool, particularly in complex disputes Read More
From 1 January 2025, intentional wage theft has been criminalised under the Fair Work Act 2009 (Cth). Employers must ensure compliance to avoid hefty penalties or imprisonment. This article outlines the changes, key legal responsibilities, and practical steps for employers to protect their businesses. Read More
The new Competition and Consumer (Industry Codes—Franchising) Regulations 2024 introduce significant updates to Australia's Franchising Code of Conduct, effective April 1, 2025. These changes aim to address power imbalances, improve transparency, enhance dispute resolution, and increase penalties for non-compliance. Key reforms include updated disclosure obligations, strengthened good faith requirements, new protections for franchisees, and a tiered penalty system. Learn how these regulations impact franchisors and franchisees and what steps you can take to stay ahead. Read More
Contemporaneous documentation, such as emails and financial records, is crucial in commercial disputes. The recent LL UP Pty Ltd v Kegland Distribution Pty Ltd case highlights its importance, with the Court relying on these records over witness testimony. Maddy Kotteeswaran, lawyer in our Commercial Litigation and Insolvency team, outlines key principles for assessing the credibility of evidence and offers practical guidance on identifying unreliable testimony. This article provides essential insights for legal professionals navigating complex disputes. Read More