Tag Archives: high court

Social media in the dock: High Court view on employee’s tweets

On 7 August 2019, the High Court handed down a decision finding that a commonwealth employee’s employment was lawfully terminated due to disciplinary action taken against her for broadcasting anonymously more than 9,000 tweets which were critical of her then-employer (the Department of Immigration), other employees and government and opposition immigration policies generally. While the case has been the subject of some media comment and scrutiny, it is nonetheless worthwhile looking at some of the more interesting issues arising from the case.

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Bywater – justification for a changed view

On 21 June 2018, the ATO released Taxation Ruling TR 2018/5 (Ruling). The Ruling finalises Draft Taxation Ruling TR 2017/D2 (Draft Ruling), which was a response to the High Court’s decision in Bywater Investments Limited & Ors v. Commissioner of Taxation; Hua Wang Bank Berhad v. Commissioner of Taxation1 (Bywater).

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High Court of Australia rules that VCAT cannot hear disputes where a party is not a resident of Victoria

Last week’s High Court decision in Burns v Corbett (2018) HCA 15 is likely to have far-reaching consequences for disputes in the Victorian Civil and Administrative Tribunal (VCAT) where one party resides outside of Victoria.

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2017 WA insurance in review

2017 WA insurance in review

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ILN Today Post

Carillion creditors: urgent steps to protect your position

On 15 January 2018 Carillion PLC and a number of its subsidiary companies (Carillion) went into liquidation, with the High Court appointing the Official Receiver as liquidator and six partners of PWC as special managers.

Those clients who have contracts with Carillion or who are owed money may find the following guidance useful:

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Has the High Court paved the way for an increase in civil penalties for directors?

A recent and widely-reported decision by the High Court on criminal sentencing, in which an appeal against a ‘manifestly inadequate’ sentence for incest was allowed, may have broader ramifications. Directors and others who potentially face exposure to civil penalties at the suit of regulators should bear in mind that the decision in DPP v Dalgliesh [2017] HCA 41 has the potential to lead to courts imposing heavier civil penalties despite lighter penalties having historically been imposed in similar cases. This may, in turn, further complicate the already difficult decision of whether to contest proceedings brought by a regulator or agree on the contravention and submit an agreed penalty proposal for the Court’s consideration.

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ILN Today Post

Internal investigations and the limits of privilege

The High Court recently ruled, in a landmark case brought by the Serious Fraud Office (SFO), that the Eurasian Natural Resources Corporation (ENRC) must hand over documents generated by an internal investigation by the company, including notes taken by lawyers of interviews with ENRC’s employees.

The SFO’s application was made in the course of its ongoing criminal investigation relating to ENRC’s activities in Kazakhstan and Africa. As part of its investigation, the SFO sought to compel ENRC to produce a range of documents which ENRC claimed were protected by litigation privilege. However, ENRC’s argument failed at the first hurdle.

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ILN Today Post

Court of Appeal supports High Court decision to interfere with employer’s wide discretion over commission payments

How should employers exercise their discretion over discretionary commission or bonus payments?

In the recent case of Hills v Niksun Inc., the Court of Appeal explained that even where contractual documents state that an employer retains absolute discretion over the amount of any commission paid, this is subject to the terms of any additional documents or established practice. It supported the High Court decision to interfere with an employer’s discretion in appropriate circumstances.

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ILN Today Post

Mumbai gets favorable order from Bombay High Court

The deal was relating to an Agency agreement between an Indian agent and our client, a foreign principal. The Agency Agreement was for supply of certain material by our client against a Government Tender. The Agreement was for a period of 10 years.

Our client terminated the Agreement by giving due notice. The Indian agent filed civil suit for declaration stating that the Agreement was wrongly terminated and he continues to be the agent. 

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