Australia updates

Arbitration & ADR

Contributed by Clifford Chance
No requirement to provide evidence or documents in foreign-seated arbitration
  • Australia
  • November 09 2017

The Federal Court recently declined an application for leave to issue subpoenas pursuant to Section 23 of the International Arbitration Act 1974 on the basis that Section 23 of the act did not give the court jurisdiction to do so in aid of an arbitration seated outside Australia. While some practitioners will agree with the court's strict interpretation of the act, others – particularly those engaged in international arbitration in Asia-Pacific – may find the decision less satisfactory.

Nothing to get wound up about: Federal Court refers Masters case to arbitration
  • Australia
  • October 12 2017

In a recent case, the Federal Court stayed the proceedings brought before it and referred the dispute to arbitration, save for the ultimate question of whether a winding-up order against the first defendant should be made. Among other things, the decision illustrates the policy of minimal curial intervention that the Australian courts follow where arbitration is concerned. It also confirms the arbitrability of certain claims under the Corporations Act 2001.


Employment & Benefits

Contributed by Lander & Rogers
New labour hire licensing schemes in Queensland and South Australia
  • Australia
  • May 23 2018

Under new legislation, labour hire service providers in Queensland and South Australia must be licensed to provide labour hire services in order to avoid costly penalties. Businesses that engage labour hire service providers must also ensure that those providers are licensed. The new licensing schemes aim to regulate the provision of labour hire services and protect employees from exploitation by labour hire service providers.

Fair Work Commission suspends protected industrial action by rail workers
  • Australia
  • May 16 2018

In January 2018 rail workers employed by Sydney Trains and NSW Trains threatened a 24-hour stoppage and overtime bans. In a noteworthy decision for all employers, the Fair Work Commission ordered that all industrial action be suspended for six weeks, finding that the stoppage threatened to cause significant damage to the economy and endanger the welfare of the community and the people who rely on the network to get to work and school.

How to deal with difficult people in a workplace investigation
  • Australia
  • May 02 2018

Managing a workplace investigation can be challenging at the best of times, particularly where the complainant or alleged offender proves difficult. Employers should consider a number of issues that can arise when managing absent participants or vexatious employees in the context of an investigation, as well as various tips on how to move forward successfully.

There's an app for that: rise of apps in employment relationships
  • Australia
  • April 25 2018

Employers should consider a number of legal issues when seeking to integrate apps with their existing systems. In some cases, it may be necessary to tailor apps to the business or to consider changes to instruments which govern the employment relationship. Employers should consider these issues and review existing industrial instruments and employment contracts for their compatibility with apps before implementing them in the workplace.

If police come knocking: employer privacy obligations with requests for information
  • Australia
  • April 18 2018

Most employers are aware of the stringent obligations in place to protect their employees' personal information. What might not be so clear are their obligations where law enforcement has requested this information to be shared with it. Knowing how to act in this situation is crucial. With the introduction of new data breach disclosure provisions, the standard for protecting an employee's personal information has never been higher (nor the punishments more severe).


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