ArticleSick leave in the USA... The patient's condition is improvingBy Australian standards, this US entitlement is still small – 3 days a year with a capped maximum accumulation of 6 days.AustraliaEmployment and HRCarroll & O'Dea
ArticleWork Capacity Decisions under NSW workers compensation law – Was the WCD done correctly and what are the avenues for review? – Part ThreeAlways consider whether an insurer has correctly performed a WCD and if the worker has properly engaged in the process.AustraliaEmployment and HRCarroll & O'Dea
ArticleAs a beneficiary, are you almost out of time selling the family home of the deceased within two years of the date of death?PCG 2019/5 provides a "safe harbour" compliance approach, if circumstances comply with the conditions listed in the PCG.AustraliaFamily and MatrimonialCarroll & O'Dea
ArticleInactive charities-how to protect potential gifts & bequests from will makersCharities registered with the Australian Charities and Not-for-profits Commission must lodge an Annual Information Statement.AustraliaFamily and MatrimonialCarroll & O'Dea
ArticleNavigating the best interests of the child – evolution of Australian Family Law and new changes coming into effect May 2024A significant shift from prioritising parental rights to emphasising the best interests of the child.AustraliaFamily and MatrimonialCarroll & O'Dea
ArticleTestamentary Capacity – an old rule continues to hold trueThe classical test of capacity from Banks v Goodfellow remains relevant, being reaffirmed in a number of modern cases.AustraliaFamily and MatrimonialCarroll & O'Dea
ArticleAged Care Royal CommissionOperators in the aged care industry should be preparing for dealing with the media, including particularly, social media.AustraliaFood, Drugs, Healthcare, Life SciencesCarroll & O'Dea
ArticleLand rights: Case Note: Berrima Gaol Case [2016] HCA 50The Court found in favour of the Crown in the claim for land rights by the NSW ALS over land occupied by Berrima Gaol.AustraliaGovernment, Public SectorCarroll & O'Dea
ArticleModern slavery in Australia – Avoid getting caught up in chainsThe government proposes to require large businesses to report annually on actions taken to address modern slavery.AustraliaGovernment, Public SectorCarroll & O'Dea
ArticleReview of religious freedomPanel appointed to address the human right of freedom of religion in light of the yes vote for same sex marriage. .AustraliaGovernment, Public SectorCarroll & O'Dea
ArticleAustralian immigration law: What is changing in 2022? (Part 3) – Updates to the Regional Migration Program and COVID-19 Travel RestrictionsUpcoming changes to the Regional Migration Program and the latest updates to the COVID-19 travel restrictions.AustraliaImmigrationCarroll & O'Dea
ArticleConcessions for family visa applicants now made lawThese visa concessions have been introduced in the context of the global COVID-19 pandemic, so may be subject to change.AustraliaImmigrationCarroll & O'Dea
ArticleThe "pre-existing condition" dilemma in travel insurance claimsExamine a case study on whether a known medical condition—whose severity was unknown at the time of purchase—is excluded under a travel insurance policy.AustraliaInsuranceCarroll & O'Dea
ArticleDick Smith loses trade mark battle - AussieMite against OzeMiteThe owner of the product 'AussieMite' won in trade mark litigation against one of Dick Smith's entities with 'OzeMite'.AustraliaIntellectual PropertyCarroll & O'Dea
ArticleBelvoir St Theatre: performance rights via social media: Opinion PieceThe Belvoir St Theatre secured permission from American musician Taylor Swift to use her smash hit song "Shake It Off".AustraliaMedia, Telecoms, IT, EntertainmentCarroll & O'Dea
ArticleBreach of quiet enjoyment: Anastopoulos v University of Sydney Union [2017] NSWCATCD 6Courts have found that quiet enjoyment is the right of the tenant to operate without interruption by the landlord.AustraliaReal Estate and ConstructionCarroll & O'Dea
ArticleFair Trading NSW lodges extension of time request: Building Bond Scheme implementation delayed to 2018Fair Trading NSW confirmed that the implementation date for the 2% Building Bond Scheme is delayed until 1 January 2018.AustraliaReal Estate and ConstructionCarroll & O'Dea
ArticleHow late is too late for rent? – Kameel Pty Ltd v Antongtai Pty Ltd [2017] VCAT 469Where a payment is made in part satisfaction of a running account, the creditor can apply the payment to the oldest debt.AustraliaReal Estate and ConstructionCarroll & O'Dea
ArticleOff the Plan purchases: the risks and a possible solutionAlmost every Off the Plan contract provides the vendor with flexibility to vary the plans, including the areas of units.AustraliaReal Estate and ConstructionCarroll & O'Dea
ArticleWhen does retail leasing legislation apply in Victoria? – CB Cold Storage Pty Ltd v IMCC Group (Australia) Pty Ltd [2017] VSC 23This recent case in the Supreme Court of Victoria further broadened what can be considered a "retail shop" in Victoria.AustraliaReal Estate and ConstructionCarroll & O'Dea