Publication
An overview of the Commonwealth’s model litigant obligation
Since the early 20th century, Australian courts have emphasised the obligation for the Commonwealth to act as a ‘model litigant’ in court proceedings.
The NLRB rules that solicitation of mail ballots is objectionable conduct in a board election
United States | Publication | August 4, 2021
Over the years, the National Labor Relations Board has devised a set of rules in its case law to protect the integrity of secret ballot elections. In Professional Transportation, Inc. 370 NLRB No. 132 (2021), the Board added another rule, unanimously holding that the solicitation of mail ballots constitutes objectionable conduct in a Board election. Previously, the Board had held that a party engages in objectionable conduct if it collects or otherwise handles mail ballots.
Here, a union representative left a voicemail for an employee in which he allegedly said: “if you need help on [sic] getting [the ballot] sent back one way or the other, I can help you with that.” The Board held that this offer to collect an employee’s mail ballot—which it described as “solicitation”—was equally objectionable and could upend the result of an election.
With mail ballot elections on the rise, the Board’s decision is of great importance to employers.
Recent publications
Publication
Essential Corporate News – Week ending 23 May 2025
The Companies and Limited Liability Partnerships (Annotation) Regulations 2025 and an accompanying Explanatory Memorandum were published on 14 May 2025.
Publication
Federal Court quashes Commissioner of Patent’s decision and calls for a robust “due care” analysis for patentees
In a recent decision, Matco Tools Corporation v. Canada (Attorney General), the Federal Court has overturned a Commissioner of Patents (the Commissioner) decision regarding a patent applicant failing to meet the “due care” standard in the context of an unpaid maintenance fee.
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