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McCabe Curwood is a leading Australian law firm with a reputation for delivering high-quality legal services. Led by Managing Principal, Andrew Lacey…
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McCabe Curwood | Australia | 29 Mar 2021

End of the road for the credit hire vehicle debate, as the High Court grants special level to consider the principle of 'like for like'

Since the decision of the NSW Court of Appeal in the credit hire cases, practitioners and professionals working in the area have debated whether the…
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McCabe Curwood | Australia | 15 Mar 2021

Mistaken identity or fraud? Bankruptcy and the use of an alias

A typical scenario is when a debtor gives a Nick name, or a false name, to a creditor during the course of a particular transaction. This can result…
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McCabe Curwood | Australia | 9 Mar 2021

ASIC obtains declaration that an insurer breached its duty of utmost good faith to an insured

The Federal Court of Australia has recently held that an insurer breached its duty of utmost good faith to an insured by avoiding a policy without…
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McCabe Curwood | Australia | 13 Jul 2020

Design and Building Practitioners Act 2020 - implications for insurers

As a result of a number of catastrophic failures of newly constructed residential developments in short succession, the NSW government has now…
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McCabe Curwood | Australia | 9 Jul 2020

ACCC takes aim at Google's proposed acquisition of Fitbit

On 1 November 2019, Fitbit Inc (Fitbit) announced it had entered into an agreement for it to be acquired by Google LLC (Google) for US$2.1 billion.
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McCabe Curwood | Australia | 3 Jul 2020

Proposed amendments to the Workers’ Compensation and Injury Management Act 1981: COVID-19 Response & removal of termination date

A bill was introduced to the Parliament of Western Australia on 24 June 2020 that seeks to amend the WA Act, entitled the Workers' Compensation and…
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McCabe Curwood | Australia | 2 Jul 2020

Berkeley Challenge Pty Ltd v United Voice [2020] FCAFC 113

The Full Court of the Federal Court found that the "ordinary and customary turnover of labour" exemption to redundancy pay in the National Employment…
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McCabe Curwood | Australia | 30 Jun 2020

Key employment rate changes for 2020/21

From today, 1 July 2020, a number of employment related financial thresholds increase for the 2020/21 financial year. Please see below for a summary…
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McCabe Curwood | Australia | 30 Jun 2020

What's the Situation? The Property is Insured!

A recent decision of the Federal Court found that the term "Property Insured" in an Industrial Special Risks Policy may extend to all property that is…
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McCabe Curwood | Australia | 29 Jun 2020

The Credit Hire debate rises to the rarefied atmosphere of the Court of Appeal where the intangible feelings of driving a prestige vehicle are real and compensable

On 18 June 2020, the NSW Court of Appeal considered four claims where similar legal questions arose in relation to when a claimant, who has lost the…
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