14th November 2018
Each month MSI publishes a selection of articles written by MSI member firms in Australia & New Zealand highlighting important topical issues in the region.
Casual Workers or Permanent Employees
by Graham Harbord at Johnston Withers, Lawyers, Adelaide
In the case of WorkPac Pty Ltd  FCAFC 131, the Full Court of the Federal Court upheld a decision that an employee engaged as a casual worker and described as such but working a regular roster is a permanent employee. Accordingly the worker is entitled to annual leave under the Fair Work Act 2009 (Cth) and under the enterprise agreement. Just because an employee is described as a casual worker does not mean the employee will necessarily be a casual worker.
Beware foreign investments in your client’s business
by Richard Cowen & Alex Nase, Tucker & Cowen, Solicitors, Brisbane
Tucker & Cowen acted for Miiresorts in these proceedings. Our client had received substantial foreign investment from an Indian Group of companies. The investments were substantial – over $100 million Australian dollars. At the time of the investments the Investor – the Indian Pearls group – was apparently reputable. Our client had been introduced to the Pearls Group by the Australian Government Trade Body Austrade, and had the association developed with the assistance of various Australian governments.
The Royal Commission into Aged Care Quality and Safety
by Alex Kohn, Matt Gerathy & Nicholas Regener, Makinson d’Apice, Solicitors, Sydney
The Aged Care Sector has been subject to intense political, community and regulatory scrutiny over recent times but that scrutiny will increase significantly over the coming years with the announcement of the Royal Commission. The Royal Commission will be directed to inquire into all forms of Commonwealth-funded aged care, with the commissioners required to produce an interim report by the end of October 2019, and a final report by the end of April 2020.
Guarantors win against bank in Great Southern proceeding
by Nicole Jee, Aitken Partners, Solicitors, Melbourne
On 21 September 2018, in the first Great Southern guarantor case to proceed to trial, Justice Croft in the Supreme Court dismissed the bank’s claims for recovery of two loans against our client, a guarantor. This decision provides insights into the applicable law for the creation of powers of attorney, use of facsimile (or electronic) signatures by companies and, the obligations of guarantors in settled proceedings.
In Australia and New Zealand, the MSI membership comprises legal and accounting firms located in the key business centres of Adelaide, Auckland, Brisbane, Christchurch, Melbourne, Newcastle, Perth and Sydney and North Sydney. Visit our regional MSI Global Alliance AusNZ website for further information