McCabes Lawyers

02/09/2026

The Fair Work Commission has proposed a new working from home (WFH) term for the Clerks Award, following almost two years of consultation and hearings.

While the Commission rejected a formal “right to request” WFH, the proposed term would give employees a clear mechanism to request arrangements, subject to employer agreement.

Importantly, the Commission also identified potential compliance issues with existing hybrid arrangements, particularly around hours of work and meal and rest breaks.

With the Commission likely to finalise the WFH term shortly, employers will need to take a closer look at whether their current WFH practices align with the new term and ensure that they are compliant.

Read the full article by Employment, Workplace Relations and Safety Principal Tim McDonald and Graduate Lawyer Maisie Guy via the link below.
https://mccabes.com.au/insights/fair-work-commission-introduces-proposed-working-from-home-term-for-the-clerks-award/

01/09/2026

Court was back in session in Melbourne, as MC Advocacy Academy returned for its first Melbourne court session of 2026.

Our advocates were on their feet to argue a diverse range of matters, from subpoena objections and disputed directions to preliminary discovery applications, gaining valuable practical experience and further developing their advocacy skills.

Thank you to our judicial officers for generously sharing their time and expertise, and congratulations to all advocates.

A special thank you to the Knowledge Team, led by Fiona Lymant, and in particular Rita Yousef for organising another successful MC Advocacy Academy session.

Well done to everyone involved.

26/08/2026

McCabes in the community.

McCabes was proud to take part in this year’s City2Surf, joining thousands of people across Sydney in one of the city’s most recognised community events.

Initiatives like City2Surf are an important part of how we connect with and support the communities in which we live and work. Whether through fundraising, volunteering, partnerships or participating in community events, we value opportunities to contribute beyond the workplace.

Thank you to everyone who took part and represented the firm on the day.

25/08/2026

A recent NSW Supreme Court decision highlights the significant hurdles involved in pursuing historical medical negligence claims.

In Campbell bht Mammoliti v Ritchie [2026] NSWSC 754, the Court considered limitation periods, allegations of incapacity, professional standards of care and causation, ultimately dismissing the plaintiff’s claim.

The decision reinforces the importance of commencing proceedings without undue delay and supporting allegations of disability, breach and causation with persuasive evidence.

Read the full case note by Principal Matthew Renwick, Senior Associate Ren Li and Law Graduate Jemillah Hughes below.
https://mccabes.com.au/insights/campbell-bht-mammoliti-v-ritchie-2026-nswsc-754/

24/08/2026

Where does a legitimate workplace standard end and discrimination begin?

Employment, Workplace Relations & Safety Principal, Melini Pillay shares her insights with Human Resources Director Australia discussing the increasingly complex line between lawful appearance standards and discriminatory expectations.

As Melini highlights, policies must be grounded in a genuine business reason and carefully applied. When appearance expectations move beyond what is reasonable, necessary and lawful, the consequences can extend far beyond an individual claim to workplace culture, reputation and trust.

Read the full article via the link below.

Lawyers warn Australian dress codes can tip into discrimination if enforcement isn't tied to a genuine business need

19/08/2026

The Supreme Court of New South Wales has reaffirmed the limits of default interest provisions in Haiyong Su v 5 Blackman Cres Macquarie Pty Ltd [2026] NSWSC 875.

The Court held that a default interest rate of 3% per month, compounded monthly, was an unenforceable penalty, despite the underlying loan and security documents being valid and enforceable.

The decision highlights the need for lenders to ensure increased default rates have a clear commercial justification and signals greater scrutiny of traditional discounted-rate lending structures.

Read the full article by Principal Penny Cable and Lawyer Sarah Sassine from our Property group below.
https://mccabes.com.au/insights/nsw-supreme-court-signals-increased-scrutiny-of-default-interest-clauses/

17/08/2026

McCabes is proud to continue its sponsorship of the Minds Count Foundation Annual Lecture.

This year's event featured a keynote address from The Hon Chief Justice Peter Quinlan, titled “What the Machine Doesn’t Know: Humanity and Artificial Intelligence.”

The lecture explored an increasingly important question for the legal profession: as artificial intelligence continues to advance, what remains uniquely human?

Chief Justice Quinlan reflected on the importance of human judgment, shaped by experience, empathy, ethics and our subjective experience of the world. A timely reminder that while technology can be a powerful tool, it cannot replace the humanity at the heart of legal practice.

12/08/2026

Chief People Officer Rachael Britton spoke with HR Leader, discussing the critical role employers play in supporting employees experiencing family and domestic violence.

Rachael highlights the importance of confidential access to specialist support, alongside leave and flexibility that give employees the space to prioritise their safety.

“Work is often one of the few stable points of contact someone has outside the home, and how well we respond can shape whether they feel safe enough to ask for help.”

Read the full article via the link below.

11/08/2026

Meet Daniel Weissel, a senior associate in our Property group within the McCabes Commercial Division.

With experience spanning retail, commercial, industrial, residential and alternative asset sectors, Daniel works closely with private, not-for-profit and commercial clients to deliver practical, commercially focused property advice.

Known for his approachable style and commitment to open communication, Daniel is dedicated to building strong client relationships and achieving outstanding outcomes on every matter.

06/08/2026

Five courtrooms at our Sydney office came to life recently for the second MC Advocacy Academy court session of 2026.

Our 30 advocates took part in a series of realistic court appearances, gaining valuable practical experience while refining their advocacy skills in a supportive learning environment.

Congratulations to all of our advocates, judicial officers, court officers and the Knowledge team led by Fiona Lymant for another successful session, with a special welcome to Knowledge Manager Rita Yousef, whose efforts helped make the day run seamlessly.

Next stop: Melbourne.