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  • Article

    Fair Work Commission Imposes Substantial Fine On Employer

    Justice Flick considered that various factors were relevant to the assessment of penalty.
    AustraliaEmployment and HR
    Jones Day
    Jones Day
  • Video

    CU 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 & Arbitration
    Clayton Utz
    Clayton Utz
Article

Defamation and body corporate managers

This recent case was one of alleged defamation in a body corporate meeting and includes a resultant claim for damages.
AustraliaLitigation, Mediation & Arbitration
Holman Webb
Holman Webb
  • Article

    First Securities Class Action Judgment In Australia

    The Australian Federal Court has recently handed down judgment in the first securities class action in Australia to reach trial
    AustraliaLitigation, Mediation & Arbitration
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Dealing With Product Liability Down Under

    Dealing with Product Liability Down Under
    AustraliaConsumer Protection
    Wilson Elser Moskowitz Edelman & Dicker LLP
    Wilson Elser Moskowitz Edelman & Dicker LLP
  • Podcast

    Podcast: Inside The Claim With CGW – Flight Risk: Grounded By A Galley Cart

    Cooper 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 HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Podcast

    Podcast: Inside The Claim With CGW – Dirty Dancing And Doors On Daydream

    This 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 & Arbitration
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    BI Test Case Referred Direct To The NSW Court Of Appeal

    On Friday, the Supreme Court of New South Wales approved a joint leapfrog application in the combined ICA/AFCA BI Test Case.
    AustraliaLitigation, Mediation & Arbitration
    Clyde & Co
    Clyde & Co
  • Article

    Federal Court Finds Averse Action When New Mother Made Redundant

    Judge 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 HR
    Jones Day
    Jones Day
  • Article

    Is It Still Okay To Outsource? Qantas Loses In The High Court Of Australia

    In 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 HR
    Ius Laboris
    Ius Laboris
  • Podcast

    Podcast: Inside The Claim With CGW – Schokman In The High Court

    Cooper 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 HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Important changes to Wrongs Act (Vic) now imminent

    The Bill will effectively "...make it easier for certain types of claimants to access compensation for their injuries".
    AustraliaInsurance
    Hunt & Hunt
    Hunt & Hunt
  • Article

    Recovery Of Damages Under Innovation Patents In Australia

    The Full Court of the Federal Court of Australia has redrawn the boundary lines for the recovery of damages for infringement of innovation patents.
    AustraliaIntellectual Property
    Jones Day
    Jones Day
  • Article

    Damages and economic loss: Charity begins at home, and justice begins next door

    The article discusses gratuitous benefits and services received by the plaintiff, when quantifying economic loss.
    AustraliaLitigation, Mediation & Arbitration
    KordaMentha
    KordaMentha
  • Article

    More Labour Pains for Powercor

    The voluntary labour should not be taken into account so as to reduce Powercor's liability for the property damage.
    AustraliaLitigation, Mediation & Arbitration
    Hall & Wilcox
    Hall & Wilcox
  • Article

    Proportionate liability now to be considered by the High Court

    The appeal will be watched closely, as these provisions in NSW are similar to other legislation throughout Australia.
    AustraliaLitigation, Mediation & Arbitration
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    Wrongful birth children and assessing damages for cost of care: Australian and British jurisprudence compared

    This analysis adopts a comparative approach to damages for treatment of wrongful birth cases in Australia and in the UK.
    AustraliaLitigation, Mediation & Arbitration
    Carroll & O'Dea
    Carroll & O'Dea
  • Article

    BCIPA appeals – applying to set aside judgment by another name

    Failure by a respondent to pay a successful claimant the adjudication amount is liable to a significant civil penalty.
    AustraliaReal Estate and Construction
    Thynne & Macartney
    Thynne & Macartney
  • Article

    Cardinal Pell walks free - and acquitted of child sexual assault convictions

    The fundamental principle of our criminal justice system is that the case must be proved beyond a reasonable doubt.
    AustraliaCriminal Law
    Kells
    Kells
  • Article

    Federal Court Fines University For Adverse Action

    In 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 HR
    Jones Day
    Jones Day
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