FWC’s misinterpretation of its powers17 September 2020 | Insurance & Health Law
In a recent decision, the full Federal Court has revealed that the FWC misinterpreted the limitations on its powers in establishing whether workers have been dismissed in general protections applications. In Issue The Full Court of the Federal Court...
School’s settlement agreement with 1980’s victim of institutionalised sexual assault upheld despite changes to limitation period16 September 2020 | Insurance & Health Law
A former student of the Brisbane Grammar School, who settled a claim for damages for sexual assault prior to recent amendments to the relevant limitation period, has had his application to set aside that agreement and take the matter to trial dismissed....
COVID-19 reality’s push for flexibility in the workplace14 September 2020 | Insurance & Health Law
There is no doubt COVID-19 has created many challenges for the workplace across industries and the recurring theme of flexibility has become prominent. The Fair Work Commission (FWC) and the Australian Government have taken the initiative to propose...
Court of Appeal confirms the standard and duty of care for legal practitioners14 September 2020 | Insurance & Health Law
The NSW Court of Appeal has dismissed an appeal by the plaintiff from a judgment of the Supreme Court, which highlighted the importance of identifying a risk of harm and causation when establishing a claim in negligence against solicitors. In issue...
Medical panel determination outside of time is not an error of law11 September 2020 | Insurance & Health Law
The plaintiff brought proceedings in the Victorian Court of Appeal seeking judicial review of the Certificate of Determination by the Medical Panel. The Determination was made outside the time limit prescribed by section 28LZG(3)(a) of the Wrongs Act...
Employee drowning occurred just after OHS penalty increases - WA4 September 2020 | Insurance & Health Law
Ryan and Melissa Pty Ltd (R & M) and Badge Constructions (WA) Pty Ltd (Badge) are facing fines totalling up to $4.7 million for the drowning of a plumber at a construction site in Mosman Park, Perth. The background A plumber was working in a trench at...