160 results found
Norton Rose Fulbright | Australia | 11 Jun 2015
Company policies and implied terms
The Full Court of the Federal Court of Australia has found that an employer breached the contract of employment by failing to give a payment under
Norton Rose Fulbright | Australia | 17 Apr 2015
Contractual duty of cooperation
An employee who claimed that the employer breached implied contractual terms of cooperation and good faith has failed in proceedings before the
Norton Rose Fulbright | Australia | 17 Mar 2015
Company policies and contracts of employment
The Full Court of the Federal Court of Australia has ruled that an employer breached the contract of employment by failing to follow the complaints
Norton Rose Fulbright | Australia | 2 Mar 2015
When is misconduct serious misconduct?
The Supreme Court of New South Wales has ruled that an employer did not breach the contract of employment when it summarily dismissed an employee
Norton Rose Fulbright | United Kingdom | 2 May 2014
Best, reasonable and all reasonable endeavours
A party is not necessarily in breach of contract if it fails to satisfy a qualified obligation. Agreements contain obligations on the parties to do or
Norton Rose Fulbright | Canada | 23 Oct 2013
Students cannot sue university for poor academic results
On October 18, 2013, the Court of Appeal of Ontario upheld the dismissal of a $150-million claim for damages by three former medical residents
Norton Rose Fulbright | Canada | 19 Apr 2013
$150-million lawsuit against university dismissed as abuse of process
On April 11, 2013, the Ontario Superior Court dismissed a $150-million claim for damages by three former medical residents against the University
Norton Rose Fulbright | Australia | 3 Dec 2012
Substance over form: High Court expands application of penalty doctrine
The recent High Court decision of ANZ v Andrews 2012 HCA 30 handed down on 6 September 2012, expanded the circumstances in which a contractual requirement to pay a fee may be held to be void on the basis that it constitutes a penalty.
Norton Rose Fulbright | Australia | 9 Oct 2012
What to include in a Show Cause Notice
In Dura (Aust) Constructions Pty Ltd v Hue Boutique Living Pty Ltd (No 3) 2012 VSC 99 the Victorian Supreme Court has recently provided guidance on both the required content of show cause notices under construction contracts and what a Principal must consider when evaluating whether cause has been shown by a Contractor responding to such a notice.
Norton Rose Fulbright | United Kingdom | 26 Sep 2012
Olympic Airways judgment 2 May 2012
In May 2010 we reported on the application for summary judgment in ACG Acquisition XX LLC v Olympic Airlines S.A. 2010 EWHC 923 (Comm).