Pre-employment misleading and deceptive conduct: be careful what you promise

It is understandable that a company headhunting prospective employees may be inclined to make statements that suggest working for their organisation will be lucrative. However, a company should exercise caution when making statements about its financial position and conveying forecasts about its future profitability and job security. This is especially important when recruiting high-level employees whose remuneration is not fixed and depends on the profitability of the company.

Can a lower Court hear Constitutional Matters ?

If you have a Criminal case in a lower Court as low down as the Magistrates Court (VCAT,NCAT, QCAT etc do not apply) AND you raise a Constitutional Matter AND the AG’s either fail to reply or reply in the negative for intervention (thinking your case is too trivial or lacks merit) THEN not only can the Magistrates Court decide the matter but the Prosecution CAN NOT APPEAL it unless granted Special Leave by the High Court.

Setting fire to Hammoud Brothers

This decision could further dilute the application of Hammoud Brothers and the availability of the ‘no insured event’ defence for insurers. Ultimately insurers should be reviewing the wording of their policies to ensure that insured events are worded in such a way as to require insureds to discharge their burden of proving fortuitous insured events.