ArticleUnfair dismissal update – casual and labour hire employeesThe FWC approach suggests it will interpret the unfair dismissal jurisdiction broadly in relation to casual employees.AustraliaEmployment and HRHolman Webb
ArticleStrategies to minimise cyber breaches and their consequencesThis OAIC Guide gives some examples of reasonable steps and strategies you should take to protect personal information.AustraliaPrivacyHolman Webb
ArticleA state of emergency: fires, firefighters and forced workplace closuresIt is timely to summarise the obligations of businesses to their employees and other workers during natural disasters.AustraliaEmployment and HRHolman Webb
ArticleHospital internship policy found to be discriminatory: Wang v Australian Capital Territory (Discrimination)[2015] ACAT 5A Chinese born doctor was found to have been both directly and indirectly discriminated against by reason of his race.AustraliaEmployment and HRHolman Webb
ArticleReductions in penalty rates results from review of food, pharma and club industry modern awardsThe Full Bench of the Fair Work Commission has announced the reduction of a number of penalty rates.AustraliaEmployment and HRHolman Webb
ArticleWorkplace bullying: An employer's liability for damagesThe Court first determined whether the employer's conduct amounted to bullying and then made findings as to negligence.AustraliaEmployment and HRHolman Webb
ArticleContext must be considered where there is ambiguity in an insurance policyFull Court ultimately prefers Policy Interpretation which refers to extrinsic contextual material where Policy terms are not clear.AustraliaInsuranceHolman Webb
ArticleNew South Wales building industry reformsThe reforms aim to improve construction quality and provide better protections for consumers within the building sector.AustraliaReal Estate and ConstructionHolman Webb
ArticleWhat is a fixture in property law?Although often a source of confusion, this concept is a fundamental aspect of property transactions.AustraliaReal Estate and ConstructionHolman Webb
ArticleSecuring the repayment of loans - mortgages and securitiesA mortgage is the preferred way for a lender to secure its debt until the loan has been repaid in full.AustraliaFinance and BankingHolman Webb
ArticleWorking from home with kids: What options do employers have with working parents?While working parents try to balance their responsibilities, employers often wonder how they can assist their staff.AustraliaEmployment and HRHolman Webb
ArticleLessons learnt from the Quakers Hill Nursing Home coronial inquestThe tragic death of 14 aged care residents provides lessons for hospital operators and residential aged care operators.AustraliaFood, Drugs, Healthcare, Life SciencesHolman Webb
ArticleProfessional services exclusions: Liberty Mutual Insurance Company, Australia Branch v SunWater Ltd (No 2) [2021] NSWSC 1582Principles to be applied when considering professional services exclusion clauses in an insurance contract.AustraliaInsuranceHolman Webb
ArticleTempo Holidays Pty Ltd (In Liq) v Tully & Berkley Insurance AustraliaRecent case considers the application of the duty of disclosure in insurance contracts.AustraliaInsuranceHolman Webb
ArticleTake care when proceeding in the Federal jurisdiction: Zurich Australian Insurance Ltd v Atradius Credito Y Caucion S.A. De Seguros Y Reaseguros [2022] FCA 709The FCFCoA only has jurisdiction to hear and determine claims when power has been expressly given by legislation.AustraliaLitigation, Mediation & ArbitrationHolman Webb
ArticleUnfair contract terms. Are you compliant? If not, is it worth $50m?Links to previous articles regarding new unfair contract term laws. Brief summary overview of these laws.AustraliaCorporate/Commercial LawHolman Webb
ArticleCPI is not the only thing that was on the rise this July: Wage increases, superannuation, penalty increases for SafeWork & high income threshold/compensation capA number of changes in the employment law sector will impact all Australian businesses.AustraliaEmployment and HRHolman Webb
ArticleInfosys Technologies Limited v State of Victoria [2021] VSCA 219: Long service leaveThe employer was not liable to make long service leave payments to employees if part of their work was outside Victoria.AustraliaEmployment and HRHolman Webb
ArticleUnconscionability in provision of financial servicesDiscussion about the FC approach to issues of unconscionability in the provision of financial services & products.AustraliaFinance and BankingHolman Webb