ArticleFair Work Commission Imposes Substantial Fine On EmployerJustice Flick considered that various factors were relevant to the assessment of penalty. AustraliaEmployment and HRJones Day
VideoCU LAB: Clauses for recovery of legal costs: what protection do they provide? Peter Sise explores how your contractual clause for recovery of legal costs might not do what you think it does. .AustraliaLitigation, Mediation & ArbitrationClayton Utz
ArticleFirst Securities Class Action Judgment In AustraliaThe Australian Federal Court has recently handed down judgment in the first securities class action in Australia to reach trialAustraliaLitigation, Mediation & ArbitrationHerbert Smith Freehills Kramer LLP
ArticleDealing With Product Liability Down UnderDealing with Product Liability Down Under AustraliaConsumer ProtectionWilson Elser Moskowitz Edelman & Dicker LLP
PodcastPodcast: Inside The Claim With CGW – Flight Risk: Grounded By A Galley CartCooper Grace Ward's Damien Jarrett and Jess Byrne examine Hunter v Alliance Airlines Pty Ltd, a Supreme Court workers' compensation case involving a cabin crew member's back injury from a jammed galley cart. The discussion explores how the case evolved from maintenance and staffing allegations into a training dispute, and examines the court's approach to quantum arguments when the injured worker chose to pursue her own business rather than return to employment. AustraliaEmployment and HRCooper Grace Ward
PodcastPodcast: Inside The Claim With CGW – Dirty Dancing And Doors On DaydreamThis episode examines a Magistrates Court workplace injury case where an executive housekeeper at Daydream Island Resort claimed shoulder damage from pulling a hotel room door shut against wind. The discussion explores how inconsistencies in the plaintiff's evidence—including an unreported 'Dirty Dancing' lift injury five months prior—influenced the court's assessment of causation and foreseeability in this personal injury claim. AustraliaLitigation, Mediation & ArbitrationCooper Grace Ward
ArticleBI Test Case Referred Direct To The NSW Court Of AppealOn Friday, the Supreme Court of New South Wales approved a joint leapfrog application in the combined ICA/AFCA BI Test Case.AustraliaLitigation, Mediation & ArbitrationClyde & Co
ArticleFederal Court Finds Averse Action When New Mother Made RedundantJudge Jones found that the employee's position had been made redundant as a result of the restructure, and that Roy Morgan failed to redeploy the Applicant in an equivalent position.AustraliaEmployment and HRJones Day
ArticleIs It Still Okay To Outsource? Qantas Loses In The High Court Of AustraliaIn a unanimous decision, Australia's highest court has held that the national airline breached workplace laws in deciding to outsource service and baggage handling at 10 Australian airports...AustraliaEmployment and HRIus Laboris
PodcastPodcast: Inside The Claim With CGW – Schokman In The High CourtCooper Grace Ward's workers compensation podcast examines the landmark High Court case of CCIG Investments Pty Ltd v Schokman, exploring critical questions about vicarious liability and scope of employment arising from an unusual workplace incident on Daydream Island. Legal experts who appeared before the High Court discuss the case's implications for workers compensation law across Queensland and Australia. AustraliaEmployment and HRCooper Grace Ward
ArticleImportant changes to Wrongs Act (Vic) now imminentThe Bill will effectively "...make it easier for certain types of claimants to access compensation for their injuries".AustraliaInsuranceHunt & Hunt
ArticleRecovery Of Damages Under Innovation Patents In AustraliaThe Full Court of the Federal Court of Australia has redrawn the boundary lines for the recovery of damages for infringement of innovation patents. AustraliaIntellectual PropertyJones Day
ArticleDamages and economic loss: Charity begins at home, and justice begins next doorThe article discusses gratuitous benefits and services received by the plaintiff, when quantifying economic loss.AustraliaLitigation, Mediation & ArbitrationKordaMentha
ArticleMore Labour Pains for PowercorThe voluntary labour should not be taken into account so as to reduce Powercor's liability for the property damage.AustraliaLitigation, Mediation & ArbitrationHall & Wilcox
ArticleProportionate liability now to be considered by the High CourtThe appeal will be watched closely, as these provisions in NSW are similar to other legislation throughout Australia.AustraliaLitigation, Mediation & ArbitrationNorton Rose Fulbright Australia
ArticleWrongful birth children and assessing damages for cost of care: Australian and British jurisprudence comparedThis analysis adopts a comparative approach to damages for treatment of wrongful birth cases in Australia and in the UK.AustraliaLitigation, Mediation & ArbitrationCarroll & O'Dea
ArticleBCIPA appeals – applying to set aside judgment by another nameFailure by a respondent to pay a successful claimant the adjudication amount is liable to a significant civil penalty.AustraliaReal Estate and ConstructionThynne & Macartney
ArticleCardinal Pell walks free - and acquitted of child sexual assault convictionsThe fundamental principle of our criminal justice system is that the case must be proved beyond a reasonable doubt.AustraliaCriminal LawKells
ArticleFederal Court Fines University For Adverse ActionIn National Tertiary Education Industry Union v Swinburne University of Technology (No 2) [2015] FCA 1080, the Federal Court of Australia ordered that Swinburne University pay a $14,000 penalty for contravening the Fair Work Act 2009.AustraliaEmployment and HRJones Day