ArticleChange is coming – consultation and employee requests for flexible work arrangementsEmployers affected by these changes need to be aware of their new obligations and ready to respond to employee requests.AustraliaEmployment and HRGilchrist Connell
ArticleChanges to employment laws from the Jobs and Skills Summit are imminentThe Federal Government has announced the actions that will be taken from the recent Jobs and Skills Summit.AustraliaEmployment and HRGilchrist Connell
ArticleDelayed PTSD and dual employer liability: Insights from BHP v ThiessDecision makes it clear that a worker may have a compensable injury if they contract PTSD contributed to during earlier employment.AustraliaEmployment and HRGilchrist Connell
ArticleImportant clarification of law about requiring employees to work on public holidaysFF Court recently clarified the law about whether employers can require employees to work on public holidays.AustraliaEmployment and HRGilchrist Connell
ArticleLiquidators entitlement to be paid from regulated company trust accountRecent decision highlights that funds held in a regulated trust account can be used to pay the remuneration of the liquidator.AustraliaInsolvency/Bankruptcy/Re-StructuringGilchrist Connell
ArticleProblems with evidence and assessment of damages in W&I claim against insurance towerPrinciples and approaches for assessing damages in breach of warranty disputes.AustraliaInsuranceGilchrist Connell
ArticleSufficient notification of "facts" in cladding claimDirection for insurers dealing with notifications of facts about unsafe ACP products and cladding claims.AustraliaInsuranceGilchrist Connell
ArticleAssessing reasonable measures is no childs play: applying section 5B of the Civil Liability Act 2002 (NSW) to allegations of breachThe overarching principles of negligence are based on what a reasonable person, not a perfect person, would have done.AustraliaLitigation, Mediation & ArbitrationGilchrist Connell
ArticleCalderbank offers: When will indemnity costs be awarded?Whilst Calderbank offers are useful, recent case reminds us that costs awards are ultimately at the discretion of the court.AustraliaLitigation, Mediation & ArbitrationGilchrist Connell
ArticleContingent loss and limitation periods: High Court clarification in solicitors' negligence claimsIt also reiterates the need for a plaintiff to lead evidence to discharge its onus of proof to establish the existence of an alleged loss.AustraliaLitigation, Mediation & ArbitrationGilchrist Connell
ArticlePrivilege Claims Put To The Test: Dominant Purpose UnmaskedIn Medibank Private Limited v McClure [2026] FCAFC 38, the Full Court of the Federal Court refused an application for leave to appeal, reaffirming the strict application of the dominant purpose test...AustraliaLitigation, Mediation & ArbitrationGilchrist Connell
ArticleProposed reforms to litigation fundingPotential impacts of proposed reforms (which promote reasonable distribution of proceeds) to the class action regime.AustraliaLitigation, Mediation & ArbitrationGilchrist Connell
ArticleProtecting the public – a lens on addressing the misconduct of health professionalsRecent decision reiterates the purpose of disciplinary proceedings as protective rather than punitive.AustraliaLitigation, Mediation & ArbitrationGilchrist Connell
ArticleLimelight Issue No. 74: PCAs and building defects in NSWThis case narrows the scope of claims that can be brought against PCAs for economic loss caused by building defects.AustraliaReal Estate and ConstructionGilchrist Connell
ArticleLimelight Issue No. 68: Cyber security: Insurers and law firms at risk of cyber-attacksThey both must recognise vulnerabilities in their work practices and take steps to protect sensitive client information.AustraliaTechnologyGilchrist Connell
ArticleChanges to fixed-term employment contract provisionsA fixed-term contract is an employment contract where the contract will terminate at the end of an identifiable period.AustraliaEmployment and HRGilchrist Connell
ArticleCourt clarifies scope of 'agent' and 'subcontractor' in construction risks insurance policyInsurers and underwriters should ensure that the commercial intent of the parties is reflected in the policy wording.AustraliaInsuranceGilchrist Connell
ArticleFederal Court ruling limits use of set-off clauses for annual salaries of award-covered employeesThis decision makes clear that an obligation to pay entitlements owing under an award can only be satisfied by paying the relevant amount within the relevant pay period.AustraliaEmployment and HRGilchrist Connell
ArticleRethinking “Abandonment Of Employment”The FWC decision in Haque v dnata highlights the risk of treating absence as abandonment. Employers should focus on the employee’s conduct and follow a clear termination process. AustraliaEmployment and HRGilchrist Connell
ArticleNSW Supreme Court decision provides new cladding compliance and ACL misleading conduct guidanceCourt's approach to assessment demonstrates how outcomes in cladding litigation are heavily on the parties contractual relationships.AustraliaReal Estate and ConstructionGilchrist Connell