Federally licensed cannabis producers received guidance from Health Canada this week regarding new regulatory measures that will be taken as a result of the COVID-19 pandemic. Health Canada is currently focusing its efforts on addressing the pandemic but is also ensuring that its core program services are maintained so that regulated industries such as the […]
The IRS issued a new notice on Friday, March 27, 2020, postponing the due date for 2019 gift tax returns to July 15, 2020. This notice adds to the relief previously announced by the IRS that postponed due dates for most income tax returns and addresses the “trap for the unwary” we had previously identified. […]
Combination creates a new Top 100 regional powerhouse with significant specialisms including private client, property and personal injury Leading UK law firms Moore Blatch and Barlow Robbins have agreed to merge, creating a new regional powerhouse firm with a significant geographic footprint across the South East. The merger has been approved unanimously by the two […]
When parties to a dispute reach a compromise, it is important that the terms of the compromise are recorded in writing and that the settlement agreement is binding. A settlement agreement recognizes that the parties to a dispute have formulated a resolution and signals the end of the dispute. The agreement may be entered into […]
A recent decision of the Federal Circuit Court has refused a bankrupt’s application to travel overseas after the bankrupt demonstrated total disregard for the obligations arising under his bankruptcy status. On 28 November 2019, Sher Khan made an application under section 27 of the Bankruptcy Act seeking review of a decision by the trustee which prohibited him from traveling […]
Under the Fair Work Act 2009 (Cth) (the Act), a business cannot simply make an employee redundant without cause. The redundancy must be genuine and the employer must comply with their obligations under the Act and any employment agreement. In assessing whether redundancy is genuine regard is to be had to section 389 under which there are […]
Here at JCL, we strive to understand our client’s needs and provide the best overall solution. We encourage mediation and compromise. If the parties to a dispute can reach a compromise and avoid the costs, time, and stress of having to go to court, this is always the best result. All parties should feel comfortable […]
In the recent case of Boris v Metcash Trading Limited T/A Metcash [2019] FWC 3993, the Fair Work Commission assessed an unfair dismissal claim by an employee who claimed that his swearing in a formal meeting was “conversational swearing”, effectively that when he did swear in conversations it was not directed at anyone and that the workplace […]
Deeds are a very common legal instrument that are used for almost infinite purposes. Deeds are a special kind of binding promise or commitment to do something made under seal. Accordingly, deeds are seen as particularly solemn promises and may attract special legal consideration if breached. Commonly, deeds will be used when settling disputes or […]
In the matter of Deputy Commission of Taxation v Thomas Wilson [2018] NSWDC 302, the New South Wales District Court found against a company director for failing to comply with his duties. In doing so, Mahoney SC DCJ refused to mitigate on the basis of the director’s ‘difficult’ co-directors, asserting that there is no reprieve available to […]
Legal professional privilege (LPP) is a fundamental aspect of the lawyer-client relationship. The purpose of the privilege is to protect the confidential character of communications or documents created when a client seeks legal advice. The scope of applicability has been well defined for some time, however a recent case before the High Court has provided […]
The recent Federal Court of Australia decision of Rusca Bros Services Pty Ltd v Dlaw Pty Ltd, in the matter of Rusca Bros Services Pty Ltd (No 2) [2019] FCA 1865 serves as a timely reminder that a statutory demand may be at risk of being set aside when issued in circumstances where a statutory period for assessment […]