Greg Barns – Melbourne Event
Topic: Jury selection reform in the age of trial by media In the second decade of the Digital Age are we asking too much of juries and risking fair trials…
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Dumped: the “In Australia” Test
…the burden of administration and compliance or restricting the provision of vital aid services by Australian organisations outside of Australia, including that: All non-government DGRs will be automatically registered as…
CCIG Investments Pty Ltd v Stockman [2023] HCA 21: What the majority says about vicarious liability
…caused Mr Schokman to wake up in a distressed condition and unable to breathe. As a result of Mr Hewett’s action, Mr Schokman suffered a post-traumatic disorder and a cataplectic…
Qantas v TWU: A warning from the High Court to employers to take care when making commercial decisions adverse to their employees’ interests
…for services with the independent contractor; and an industrial association, or an officer or member of an industrial association, against a person. Not all adverse action is unlawful. However, if…
Mental harm damages following birth trauma – the Sorbello appeal
…anxiety and depression, and Ms Luca’s record of Ms Sorbello’s symptoms as including generalised anxiety. The weight of expert opinion was therefore in accord with Dr Allnut’s assessment. Dr Brown…
Flexible Working Arrangements – additional rights for employees from 6 June 2023. Part 1 of 2
…be published soon, looks at the additional procedural rights of employees in this area, as we all as the extended jurisdiction of the Fair Work Commission to conciliate and arbitrate…
Employers must be very careful before dismissing an employee for misconduct – and always communicate changes in policies and procedures!
…summary dismissal was considered just and reasonable, and ordered the dismissed state government employee to be paid a significant amount of compensation. The Employee had been employed as a bus…
Aggravations at home – compensable or novus actus?
…accepting the opinions of Dr He and Dr Bodel as to causation between the initial injury on 17 August 2015 and the incapacity and need for surgery (Ground Two), and…
Workplace Sexual Harassment: Implications beyond Discrimination
…the Federal Court pursuant to the Sex Discrimination Act 1984 (SDA) and what is now the Australian Human Rights Commission Act 1986 (AHRCA) after the Commission’s compulsory conciliation process proved…
Shareholder agreements – the intersection of international arbitration agreements and local company law
…and records are denied, and company assets are sold on uncommercial terms. Examples of orders that Australian Courts have made pursuant to the oppression remedy include amending the company’s constitution,…
Not quite ‘Come One, Come All’, but we’re getting there: the Public Health (COVID-19 Restrictions on Gathering and Movement) Order (No 4) 2020 (NSW)
…space for each person on the premises (Clause 10(2)); and Community sporting activities (including a training session for a community sporting activity) can resume, but the organiser of the community…
NSW dust disease claims
…a dust disease may be eligible for compensation. NSW provides two main avenues for compensation for dust disease claims: the Dust Diseases Tribunal; and, Dust Diseases Care administered by icare….
Step-parents: Rights and Responsibilities
…and suitability for adoption should be made with a legal practitioner. The process of making an application to the court for an Adoption Order may include counselling with the child…
Changes to the NSW Civil Liability Act and what this means for Claimants
…brought against an unincorporated association, as long as the defendant has suitable assets. Part 1C of the CLA now allows the Courts to set aside judgements or settlements that were…