High Court litigation can often tend to be costly, complex and time-consuming; against this backdrop, together with the economic crisis and its ripple effects, there has been a significant increase in the number of lay litigants – that is, parties representing themselves in court – handling their own affairs in court . Last year, there were 641 cases listed on the High Court plenary list involving lay litigants on at least one side. This represented one in 20 of cases on the list. In 2014, there were 420 such cases. One-third of cases before the Court of Appeal involve lay litigants.
Monthly Archives: August 2018
August 21, 2018 — RSS is proud to announce that 26 of its lawyers are included in the 2019 Canadian edition of the Best Lawyers directory, a major, peer-review-based guide to legal professionals all over the world.
Funds and financial products
Asia Region Funds Passport regulations registered
On 20 August, the Corporations Amendment (Asia Region Funds Passport) Regulations 2018 (Cth) was registered.
Recent Fair Work Commission decisions have confirmed that employers must meet strict technical requirements before enterprise agreements will be approved.
The emergence of cryptocurrencies into the mainstream discussion of financial investment has seen an increasing number of our clients considering whether cryptocurrencies, such as Bitcoin, may be acquired by their self-managed super fund (SMSF).
On August 13, 2018, in Ehret v. WinCo Foods, the California Court of Appeal held that a provision in a collective bargaining agreement (“CBA”) regarding employees’ meal periods during shifts lasting between five and six hours effectively waived employees’ rights under California Labor Code section 512. In so holding, the Court held that the waiver in question passed the “clear and unmistakable” standard used to determine whether a provision in a CBA is intended to waive a statutorily protected right. Although WinCo argued that the “clear and unmistakable” standard only applies to waivers of “non-negotiable” rights, not “negotiable” rights like a meal break for shifts between five and six hours, the Court avoided that question and found that, even assuming that the standard applies to waivers of any statutory right, negotiable or non-negotiable, the waiver in the WinCo CBA was “clear and unmistakable.”
Best Lawyers in America® has named Lewis Rice members Craig S. Biesterfeld, Joseph E. Martineau, and Charles F. Miller among its “Lawyers of the Year” for 2019. Best Lawyers compiles lists of outstanding attorneys by conducting exhaustive peer-review surveys in which thousands of leading lawyers confidentially evaluate their professional peers. Only one attorney in each practice area and designated metropolitan area may receive the honor of “Lawyer of the Year.”
Three months ago, the United States Supreme Court issued its decision in Epic Systems Corp. v. Lewis, holding that the National Labor Relations Act (“NLRA”) does not prevent the use of arbitration agreements with class and collective action waivers covered by the Federal Arbitration Act (“FAA”). (See our discussion of Epic here.) The Court of Appeals for the Sixth Circuit has now similarly concluded in Gaffers v. Kelly Services, Inc., that the Fair Labor Standards Act (“FLSA”) does not bar such arbitration arrangements. While this is not a surprising outcome in light of the Supreme Court’s ruling, the decision underscores the influence that Epic has had and will continue to have as courts evaluate efforts to evade promises to arbitrate.
The Federal Government’s new industry funding laws have changed the way the Australian Securities & Investments Commission (ASIC) is funded, with compliance costs being passed on to organisations regulated by ASIC. Regulated entities are now required to pay an annual levy to fund ASIC’s regulatory activities, with industry subsectors that create a greater need for ASIC regulation paying a higher levy.
Andrés José Hernández Lossada was selected in Legal Week’s Private Client Global Elite: ‘Ones to Watch’ 2018.