ArticleCrime reporter successfully recovers damages from The Age for psychiatric injuryRecent case reminds employers that they owe a duty to their employees in relation to foreseeable psychological injuries.AustraliaEmployment and HRGilchrist 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
ArticleMandatory workplace COVID-19 vaccination fact sheetEmployees must comply with an employer's direction to be vaccinated against COVID-19, if it is lawful and reasonable.AustraliaEmployment and HRGilchrist Connell
ArticleNew Stop Sexual Harassment applications and other changes to sexual harassment law on the horizonEmployers must ensure that policies, procedures, training and other measures to prevent sexual harassment are adequate.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
ArticleUpdate to Victorian mandatory vaccination requirementsSummary of the key impacts on employers and the steps employers should take. It is a must read for all Victorian employers.AustraliaEmployment and HRGilchrist Connell
ArticleWA enacts industrial manslaughter scheme and harmonises its WHS law with other state jurisdictionsThe reforms are based on the national model Work Health and Safety Act to improve consistency with the rest of Australia.AustraliaEmployment and HRGilchrist Connell
ArticleVesting of trust property in a trustee in bankruptcy and reasonable belief: some guidance for trustees in bankruptcyThe High Court has provided practical guidance as to when to lodge a caveat on property held by a bankrupt on trust.AustraliaInsolvency/Bankruptcy/Re-StructuringGilchrist Connell
ArticleInsurers in South Australia – Do not trip down the pre-action steps – Uniform Civil Rules 2020 (SA) – Action required by claims handlers for personal injury claims – Part 2Insurance claims units should educate SA claims handlers in these procedural changes and inform their major insureds. AustraliaInsuranceGilchrist Connell
ArticleSection 33 – still a mysteryThe scope of s33 Insurance Contract Act & its operation, if any, to prior known facts exclusions is still uncertain.AustraliaInsuranceGilchrist Connell
Article'Discoverability' under s27K of the Limitation of Actions Act 1958 (Vic): when you know, you knowThe question of fault involves a consideration of causation.AustraliaLitigation, Mediation & ArbitrationGilchrist Connell
ArticleHigh Court reinforces fee boundaries: Solicitor's CFOs ruled out in class actions in NSW and all States where the solicitors' rules do not permit contingency fees Reinstates the Supreme Court of Victoria as the preferred jurisdiction for class action lawyers.AustraliaLitigation, Mediation & ArbitrationGilchrist Connell
ArticleWhen termination isn't the end: A case note on AZW v State of QueenslandQld SC ruled that institutions aren't generally liable for ex-staff's post-termination abuse but may have a duty to warn if aware of risks & trust continues.AustraliaLitigation, Mediation & ArbitrationGilchrist Connell
ArticleLimelight Issue No. 81Recent NSW SC decision shows the far reaching powers of Australian courts to enforce limits on international social media.AustraliaPrivacyGilchrist Connell
ArticleLimeLight Issue No.70: Data breachEntities must ensure adequate precautions as to data management, even when outsourcing to a third party IT provider.AustraliaPrivacyGilchrist Connell
ArticleA case of a balcony collapse: who is to blame?A tenant could bear some responsibility if they did not act as a reasonable tenant to avoid the risk of personal injury.AustraliaReal Estate and ConstructionGilchrist 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
ArticleDemoted By Default: Insights From Morgan v Roman Catholic Archbishop Of Perth [2026] WASCA 62The Western Australian Court of Appeal has ruled that a 'demotion' under workers' compensation law does not require active employer conduct, confirming that the objective fact of reduced employment status—whether through action or inaction—can trigger stress claim exclusions. AustraliaEmployment and HRGilchrist Connell
ArticleFacing The New Concussion Rules And Requirements For GPs Head OnAustralia and New Zealand have just launched their first national concussion guidelines for GPs.AustraliaFood, Drugs, Healthcare, Life SciencesGilchrist Connell
ArticleLegislative Leaps And Medicare Tweaks - Dissecting The Health Legislation Amendment (Improved Medicare Integrity And Other Measures) Bill 2025The Bill reflects yet another wave of changes being made in a response to the independent Review of Medicare Integrity and Compliance.AustraliaFood, Drugs, Healthcare, Life SciencesGilchrist Connell