Workplace Rights update lessons in vigilance for employers
…action’, and an aggrieved employee will not need to prove that management action was unreasonable as a precondition to lodging an application. It is clear from a reading of section…
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Trustee’s power to advance & apply examined by High Court
…and the entry in the Trust accounts of a loan for the same amount from Nemes; and (c) the Resolution and accounts entry created a creditor/debtor relationship between the Trustee…
Checking that Electronic Signature
…Authority) there was no assumption by Williams that another person was authorised to place Crocker’s signature on the guarantee and Williams had not acted on that assumption; (c) (Ratification) Crocker…
Ethical guidelines on the use of assisted reproductive technology in clinical practice and research: information issues
…the common law. Through the work of the Australian Health Ethics Committee (AHEC), the National Health and Medical Research Council (NHMRC) develops health advice and provides a framework for ethical…
The Children Legislation Amendment (Information Sharing) Bill 2017 (VIC)
…focuses on proactive and preventative support for children and families and is designed to improve the ability of relevant agencies and service providers to exchange information about a child or…
Uncertainty within the foundations: the NSW ban on aluminium cladding and implications of the Building Products (Safety) Act 2017
…use is unsafe. As was expected following the commencement of this Act, Rosemary Ann Webb, the Commissioner for Fair Trading, Department of Finance, Services and Innovation, published a notice banning…
Releasing the shackles with the passing of the modern slavery act
…the UK and puts the need to address (and eliminate) modern slavery both domestically and internationally on the business agenda. As foreshadowed in our earlier article, the Bill establishes a…
Who gets the Superannuation on Death?
…deceased’s wishes, which can include non-binding nominations and wills. For further information, you can review the detailed AFCA rules and guides on their website: https://www.afca.org.au/ Court Intervention Appealing AFCA Determination…
Annual Leave Under the Fair Work Act 2009
…FW Act and the Fair Work Regulations 2009. The FW Act provides for paid annual leave to be taken for a period agreed between the employer and employee, and to…
Carroll & O’Dea Lawyers celebrate 125th Anniversary in October 2024
…125th anniversary below: Hanaan Indari, Managing Partner from 2020-present, talks about the firm’s values https://www.codea.com.au/wp-content/uploads/2024/09/Final-_125-Values-_HMI_Video-1-25072024-1.mp4 Tony Carroll, Managing Partner from 2005-2007, talks about the firm’s collaboration. https://www.codea.com.au/wp-content/uploads/2024/09/Video13-TonyCarroll_Collaboration_1.mp4 Michael O’Dea, Managing…
Clearing the smoke – use and consent clarified
…of an infringement action under Section 120 TMA. The Court however also confirmed that Section 123 TMA will provide a defence to an infringement action where the above use of…
Case summary: Khodor v Murphy [2024] NSWDC 364 – The role of self-defence and credibility in civil assault claims
…Mr. Khodor’s reliability and credibility as a witness. Contemporaneous evidence and corroboration – Courts will test the testimony of witnesses against any contemporaneous materials, objectively established facts and the apparent…
Case summary: Chen by her tutor Huang v Kmart Australia Ltd [2023] NSWCA 96 – Appeal over injury incurred by child whilst shopping
…as to the occupations, attitude to life and work history of the applicant’s parents and other relatives. White JA, with Griffiths AJA and Weinstein J agreeing, acknowledged that assessment of…
Financial Compensation for Revenge and Breach of Confidence (and poor taste)
…equitable compensation. He considered the question of whether equitable compensation can be awarded to compensate a plaintiff for non-economic loss, and moreover, for embarrassment and distress. Justice Mitchell considered that…