Barry.Nilsson. Lawyers

Full Federal Court reluctantly confirms Brit on working holiday is an independent contractor, not an employee

15 March 2021 | Insurance & Health Law

A CFMMEU backed worker has had his claim for compensation and orders for penalties under the Fair Work Act 2009 (Cth) rejected on the basis that he was an independent contractor and not an employee covered by the legislation. Judges lament being bound by...

Former employee awarded $5.2 million in adverse action case

15 October 2020 | Insurance & Health Law

A landmark decision delivered by the Federal Court of Australia has resulted in an Applicant being granted more than $5.2 million in damages (plus interest) under the general protections provisions of the Fair Work Act 2009 (Cth) (FW Act) and for a breach...

Injured worker’s award for future economic loss reduced by 50% for contingencies

22 July 2020 | Insurance & Health Law

The Queensland District Court has reduced a worker’s award for future economic loss by 50% to account for pre-existing hip and spine conditions and other significant co-morbidities. In Issue Quantum of damages, specifically, the extent to which the...

Electronic Signatures and Witnessing from a Social Distance in Queensland

26 May 2020 | Insurance & Health Law

In the context of COVID-19 and with much of the population still working from home, industry today relies more than ever on being able to transact business digitally. The legal profession is no exception. The COVID-19 Emergency Response Act 2020 (Qld) was...

How Covid-19 Workers' Compensation Changes Impact the Assessment of Damages in SA

5 May 2020 | Insurance & Health Law

The advent of Covid-19 has seen many changes in the world over and the South Australian workers compensation scheme has not escaped unscathed. Deferral of WPI Assessments Due to the introduction of various social gathering restrictions and social...

COVID-19 & Assessing Damages: What is the true measure of a plaintiff's loss?

1 May 2020 | Insurance & Health Law

The outbreak and spread of COVID-19 along with the global response to the crisis has had far-reaching and significant economic and other effects. It is worthwhile taking this into account when considering the compensation entitlement to an injured...