ArticleAttack Is Generally Not The Best Means Of Defence In Sexual Harassment LitigationRecent sexual harassment decisions show that aggressive defence strategies can lead to victimisation and aggravated damages.AustraliaEmployment and HRGilchrist Connell
ArticleCOVID-19 temperature checking system upheldRecent case illustrates how seriously the Commission views departures from safety standards, especially during a pandemic.AustraliaEmployment and HRGilchrist Connell
ArticleFWC General Protections: Faster Conciliations, Earlier DecisionsThe FWC has introduced new processes to accelerate general protections claims, including early intervention and shorter conciliations, shifting the focus toward faster, settlement-driven outcomes. AustraliaEmployment and HRGilchrist Connell
ArticleNo casual matter: Federal Court increases scope for casual employees to claim leave entitlementsEmployers should consider taking early action to remedy any problems with the engagement of their casual employees.AustraliaEmployment and HRGilchrist Connell
ArticleOffensive posts on personal social media accounts can get you sacked – some people still do not get it…Employers must ensure that a social media policy expressly (but reasonably) applies to out-of-hours conduct of employees.AustraliaEmployment and HRGilchrist Connell
ArticleProtecting Worker Entitlements Act – implications for employers and insurersThe changes will have significant implications for employers and employment practices and statutory liability insurers.AustraliaEmployment and HRGilchrist Connell
ArticleRules of Engagement – the High Court on independent contractorsWhere there is a written contract between parties in dispute, a Court must focus its attention on those contract terms.AustraliaEmployment and HRGilchrist Connell
ArticlePills, bills and policy thrills: Unpacking the Health Insurance Amendment (Professional Services Review Scheme No. 2) Bill 2023Discusses the amendments which aim to refine the Professional Services Review Scheme.AustraliaFood, Drugs, Healthcare, Life SciencesGilchrist Connell
ArticleLimelight Issue No. 73: Slip and fall in the supermarketIf a reasonable system of inspection is in place, the Courts are more likely to find in favour of owners and occupiers.AustraliaLitigation, Mediation & ArbitrationGilchrist Connell
ArticleMango fandango – fruit fiasco in Gomez v WoolworthsThis NSW Appeal decision affirms the importance of the element of causation in the tort of negligence.AustraliaLitigation, Mediation & ArbitrationGilchrist Connell
ArticleNavigating The Increase In Historical Abuse Litigation: Emerging Challenges For Courts And PractitionersThe Limitation Act provides entitlement to sue for damages for historic acts if a person can prove they suffered serious physical abuse as a child.AustraliaLitigation, Mediation & ArbitrationGilchrist Connell
ArticleNavigating the next steps in a coronial investigationThe Coroner's Court is a specialist court to investigate cause and circumstances of specified events, such as deaths.AustraliaLitigation, Mediation & ArbitrationGilchrist Connell
ArticleInsights from the H12021 OAIC Notifiable data breach reportThe latest OAIC notifiable data breach report also gave guidance on aspects of eligible data breach assessments.AustraliaPrivacyGilchrist Connell
ArticleHigh Court decision limits scope for builders quantum meruit claimsBuilders must ensure compliance with contractual & statutory regimes regarding entitlements to payments so as to ensure payment.AustraliaReal Estate and ConstructionGilchrist Connell
ArticleThe five themes of the Jobs and Skills SummitA summary of the Issues Paper released by the Federal Government about the Jobs and Skills Summit.AustraliaStrategyGilchrist Connell
ArticleHigh Court finds that utmost good faith does not bind insurer to coverage representationRecent decision guides insurers on the potential boundaries of the duty of utmost good faith in the context of claims assessment.AustraliaInsuranceGilchrist Connell
ArticleTo be or not 236B? - The validity of contractual indemnities with employers The decision increases the value of contractual insurance clauses.AustraliaCorporate/Commercial LawGilchrist Connell
ArticleMajor amendments to Queensland's Anti-Discrimination Act: what employers need to knowWhat is changing in Qld's discrimination law landscape? Steps to take before 1 July 2025.AustraliaEmployment and HRGilchrist Connell
ArticleRegulating for future generations: Potential ART (Assisted Reproductive Technology) legislation in QueenslandART helps those with fertility issues, genetic risks and who identify as LGBTIQ+ to have children.AustraliaFood, Drugs, Healthcare, Life SciencesGilchrist Connell
ArticleA Win For Owners Corporations: Court Rejects Unproven Tree Damage AllegationsThe NSW Land and Environment Court dismissed a heritage homeowner's claim against neighbouring trees, finding insufficient evidence to prove the trees caused structural damage. The decision establishes that property owners must demonstrate clear causal connections between specific trees and alleged damage, rather than relying on proximity alone. AustraliaReal Estate and ConstructionGilchrist Connell