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
ArticleREALITY BITES – NSW Workers Compensation Commission finds reality show contestant to be employee of Seven NetworkThe Commission found that the contestant was a 'worker' within the meaning of the NSW workers compensation legislation.AustraliaEmployment and HRGilchrist Connell
ArticleSecuring a sexual harassment–free future: the Secure Jobs, Better Pay BillSnapshot of main proposed changes to sexual harassment laws that have important consequences for employers & EPL/ML insurers.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
ArticleLimitation periods in claims against valuers – NSW Court of Appeal provides a useful reminderIf proceedings are brought after the expiry of a limitation period, the claim could be shut down at an early stage.AustraliaLitigation, Mediation & ArbitrationGilchrist Connell
ArticleObvious risks and trip hazards – The Thistle Company of Australia Pty Ltd v Bretz & Tam Faragher & Associates Pty Ltd [2018] QCA 6Where variations to surroundings expose members of the public to the risk of injury, a robust response is required.AustraliaLitigation, Mediation & ArbitrationGilchrist 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
ArticleInsurers – do not trip on the pre-action steps in South Australia – the Uniform Civil Rules 2020 (SA) – Action required by insurance claims handlersSouth Australian claims handlers need to know about procedural changes.AustraliaInsuranceGilchrist Connell
ArticleFederal Court reminder on the burden of proofThe recent Peck decision highlights the importance of meeting the burden of proof in product liability claims.AustraliaConsumer ProtectionGilchrist Connell
ArticleClosing loopholes: Unpacking the third tranche of workplace relations changesSummary of key amendments in Fair Work Legislation Amendment (Closing Loopholes) Bill 2023.AustraliaEmployment and HRGilchrist Connell
ArticleIntroduction of 10 days paid domestic and family violence leaveThe new entitlement applies to all employees covered by the NES, regardless of employment status or length of service.AustraliaEmployment and HRGilchrist Connell
ArticleNo employment, No liability: The NSWCA on foster carers and vicarious responsibilityThe decision in MTH reinforces the high threshold required to establish public authority liability under section 43A of the CLA. AustraliaEmployment and HRGilchrist Connell
ArticlePayday super is coming. Employers should be preparing nowThe changes also have implications for employment practices liability / management liability insurers, and insurers providing tax audit cover. Insurers may wish to consider how current policy wordings operate in relation to claims arising from payday super breaches. AustraliaEmployment and HRGilchrist Connell
ArticleSPC safely taking the lead on mandatory vaccinesThe iconic Australian fruit and vegetable processor SPC will be making the COVID-19 vaccine mandatory for all its staff.AustraliaEmployment and HRGilchrist Connell
ArticleThe right to disconnect – flexibility takes a backward stepThe flexibility of hybrid working will be in contrast to the restrictions imposed by the new right to disconnect laws.AustraliaEmployment and HRGilchrist Connell
ArticleCOVID-19 toolkit: Climate change in the time of CoronaThe link between climate change and human health, and what it may mean for insurance claims.AustraliaEnvironmentGilchrist Connell
ArticleA refresher: relevant principles on leave applications to proceed against a bankruptLeave applications to proceed against a bankrupt debtor pursuant to section 58(3) of the Bankruptcy Act 1966.AustraliaInsolvency/Bankruptcy/Re-StructuringGilchrist Connell
ArticleLiquidators as insolvency specialists need insolvency specialist lawyersInsolvency professionals, both liquidators and solicitors, should work together to ensure a successful outcome.AustraliaInsolvency/Bankruptcy/Re-StructuringGilchrist Connell
ArticleQueensland Court of Appeal provides guidance on fact-finding and the extent of vicarious liability for certain staff members in historic school sexual abuse decisionRecent decisions reinforce important principles in assessing evidence & vicarious liability in relation to allegations of historic sexual abuse.AustraliaLitigation, Mediation & ArbitrationGilchrist Connell
ArticleAPRA Targets Cyber Governance Failures: CPS 234 Compliance Lessons As Bank Faces $8m PenaltyAPRA’s most recent accountability enforcement action against Bendigo and Adelaide Bank (BAB) for failures to address known cyber weaknesses within its group demonstrates how seriously it takes cyber risk management.AustraliaTechnologyGilchrist Connell