ArticleIs time up for non-compete clauses?Non-compete clauses closely scrutinised by courts & federal government is considering proposals to limit their use.AustraliaEmployment and HRGilchrist Connell
ArticleLimelight Issue No. 76: Whistleblower protections in AustraliaAn analysis of G20 whistleblower protections found Australia's private sector whistleblower protections relatively weak.AustraliaEmployment and HRGilchrist Connell
ArticleRecord fine in South Australia for reckless conduct offence in the workplaceEmployers note - reckless behaviour which exposes a person to a risk of death or serious injury can result in significant penalties. AustraliaEmployment and HRGilchrist Connell
ArticleRedundancy rules reconsidered: Landmark High Court ruling on redeploymentHC ruled employers must consider redeploying redundant staff into contractor roles where reasonable, broadening redeployment duties under the FWA.AustraliaEmployment and HRGilchrist Connell
ArticleThe trend towards higher awards for general damages in sexual harassment casesGeneral trend of courts awarding significantly higher amounts for general damages for sexual harassment & discrimination cases.AustraliaEmployment and HRGilchrist Connell
ArticleTo tweet or not to tweet? That was the question.Recent case highlights that dismissals must be justified, follow a fair process & be proportionate to the employee's conduct.AustraliaEmployment and HRGilchrist Connell
ArticleWhats the price of a gig? Risks for employers and insurers in the gig economy.Independent contractor or employee? Recent decision has implications for employers & EPL insurers.AustraliaEmployment and HRGilchrist Connell
ArticleWork From Office Directive Thwarted By Flexible Work Arrangements OrderEmployers who require employees to work from the office, who have historically worked from home and have children, may find their efforts frustrated by successful applications for flexible work arrangements...AustraliaEmployment and HRGilchrist Connell
ArticleWorking (Entirely) From Home: Not A Right 'Without Caveat'Work Commission upheld an employer's dismissal of an employee who insisted on working entirely from home.AustraliaEmployment and HRGilchrist Connell
ArticleBeyond principles: The legal implications of the 2025 Psychology Code of ConductHighlights some key changes that psychologists should be aware of in the new Code of Conduct.AustraliaFood, Drugs, Healthcare, Life SciencesGilchrist Connell
ArticleProfessional misconduct: Health Care Complaints Commission v Tan [2024] NSWCATOD 31NCAT made a finding of unsatisfactory professional misconduct and unsatisfactory recordkeeping against a doctor in NSW.AustraliaFood, Drugs, Healthcare, Life SciencesGilchrist Connell
ArticleSafe healthcare for all individuals in a COVID-19 environmentAHPRA has advised that individuals cannot be denied healthcare on the basis on their COVID-19 vaccination status.AustraliaFood, Drugs, Healthcare, Life SciencesGilchrist Connell
ArticleASIC Puts Motor Vehicle Premium Transparency Under The SpotlightASIC's Report 838 reveals significant transparency gaps in motor vehicle insurance premium communications, finding that renewal documents often fail to explain price changes adequately and that over 30% of consumers who contacted their insurer successfully negotiated lower premiums. The report establishes clear expectations for better practice in pricing disclosures and signals continued regulatory scrutiny of insurance pricing practices. AustraliaInsuranceGilchrist Connell
ArticleClaims handling as a financial service: ASIC seeks and obtains penalties against insurer for breach of its claims handling obligationsRecent decision guides insurers on the required claims handling standards.AustraliaInsuranceGilchrist Connell
ArticleA New High Bar Set For Owners CorporationsA New South Wales Court of Appeal decision examines whether an unpainted speed hump in a carpark constitutes an obvious risk when all other tripping hazards were marked with yellow paint. The case explores the duty to warn under section 5H of the Civil Liability Act 2002 (NSW) and establishes important principles for occupiers regarding consistency in hazard marking. AustraliaLitigation, Mediation & ArbitrationGilchrist Connell
ArticleCould limitation clauses in construction projects be unenforceable?Recent decision creates uncertainty for parties involved in construction & infrastructure projects.AustraliaLitigation, Mediation & ArbitrationGilchrist Connell
ArticleNew data protection requirements in the EU – A guide for Australian businessesData protection laws that go beyond Australian privacy laws and which are applicable to some Australian companies discussed here.AustraliaPrivacyGilchrist Connell
ArticleProportionate liability defence unavailable for builders, developers and head contractorsRecent decision provides further guidance on the consumer friendly scope of the recently introduced statutory duty of care.AustraliaReal Estate and ConstructionGilchrist Connell
ArticleThe unveiling of the Australian Ransomware Action PlanThe government's Ransomware Action Plan outlines a range of proposals intended to combat the threat of ransomware. AustraliaTechnologyGilchrist Connell
ArticleThe employee right to disconnect: a reduction in flexibility or a question of give-and-take?The new right will permit an employee to refuse to monitor, read or respond to contact outside of working hours.AustraliaEmployment and HRGilchrist Connell