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Penalised Union Official Prevented From Accepting Union Contributions To Pay Court fines

By majority, the High Court has ruled that Courts can make an order under s.546 of the Fair Work Act for a union official not seek or accept indemnity or contribution from the union in respect of a pecuniary penalty imposed on the union official.  The High Court tackled the practical challenge of enforcing such an order by effectively warning union officials that they could be punished for contempt or imprisoned if they do.  A big win for the ABCC against militant unions. 

Uber Drivers – Employee Or Independent Contractor?

The distinction between employment and other contracting arrangements can have a significant impact on the obligations and penalties that businesses are exposed to.

In a recent decision, the Fair Work Commission determined that a Victorian Uber driver failed to satisfy the “work-wages bargain”, which is considered to be fundamental to employment and was deemed to be an independent contractor.

ACCC Washes Out In Action Against Cussons

In 2013, the ACCC instituted proceedings against Colgate and Cussons for engaging in cartel conduct. Only Cussons defended the claim, which the Federal Court went on to dismiss. The key issue, in this case, was whether Cussons had entered into an arrangement or understanding with other members of the alleged cartel.

Assignment Of Liquidator’s Right To Sue: Considerations For Liquidators And Assignees

On 1 March 2017, a significant change was made to the Corporations Act 2001 (Act) involving a liquidator’s powers to sue various parties.  This change was the introduction of a new provision into section 100-5 in Schedule 2 of the Act.  It inconspicuously sits under “Other Matters” in the Schedule and permits a liquidator to assign actions to others, which historically only a liquidator could bring.