Fair Work Australia has held that the termination of a casual worker's employment was unfair on the basis that the employee was not provided with reasonable opportunity to respond to the employer’s concerns about criminal proceedings against him relating to sex offences before his employment was terminated.

The injuries suffered while having sex on a business trip were held to be sustained within the course of her employment.

In this case, the New South Wales Court of Appeal decided unanimously that an owner which was not a successor in title to a party to the original building contract (or to an owner-builder or developer who did residential building work other than under a contract) was not entitled to enforce statutory warranties against the original builder.

The Supreme Court of Queensland has confirmed that an occupier of a residential premises is under no obligation to investigate hidden defects, notwithstanding other reported balcony fall incidents in the locality of the incident.

The NSW Court of Appeal (‘the Court of Appeal’) was required to consider the breadth of the limitations contained in the Civil Liability Act 2002 (NSW) (‘the Act’) concerning the award of damages for noneconomic loss arising from personal injuries.

The plaintiff allegedly sustained personal injuries as a result of a single motor vehicle accident which occurred on 11 June 2004. The parties agreed that her damages ought be reduced by 40%.

Mr Thomson was exposed to asbestos manufactured and supplied by Amaca Pty Limited. As a consequence, he contracted mesothelioma and applied to WorkCover Queensland for payment of compensation.

The Supreme Court of Australian Capital Territory has determined that a utility service provider did not have a claim for economic loss against a building certifier for breach of statutory duty or in negligence, with regard to the approval of certain building plans, allegedly in breach of s34 of the Building Act 1972.

The New South Wales Court of Appeal (‘NSWCA’) has considered under what circumstances relevant extrinsic evidence would be received as an aid to construe the scope of a policy. insurers sought to rely on certain relevant extrinsic evidence in construing the scope of indemnity under the policy in question.The NSWCA has ruled that extrinsic evidence of these matters could not be received as an aid to construction because they were not used or relied upon by the contracting parties in negotiating t

In this case the NSW Dust Diseases Tribunal held that both the legal and evidentiary onus of establishing the substantial terms and conditions of the insurance policy rested upon the insurer and not the party seeking to benefit from the alleged cover provided by the policy.

The Queensland Supreme Court has affirmed that an appropriately worded contractual indemnity is adequate to effectively transfer liability in negligence from a tortfeasor to the party granting the indemnity.

This case involved a 24-year-old woman, Ms Sapwell (‘the plaintiff’) who was working as an optical technician in an optometry shop. She was attacked by a third party and the employer was held liable for it.

The new national personal properties security scheme is due to commence in October 2011 and will have widespread impact on the way businesses record and conduct their commercial transactions. The reform promises to merge more than 40 separate Australian wide security registers into a uniform and functionally consistent national registration system.

A plaintiff sought damages for personal injury in negligence, and contract, as a result of falling while in the process of climbing over a gate, at night, and in the rain. The NSW Supreme Court determined that the plaintiff’s cause of action was doomed to fail and, accordingly, was struck out pursuant to Rule 14.28 of the Uniform Civil Procedure Rules 2005 on the basis that it disclosed no reasonable cause of action.

A new leading case on expert evidence.

A win for the insurer. The Federal Court of Australia has confirmed in this case that blood analysis certificates used in criminal drink-driving cases are also admissible in civil insurance cases as evidence of a person’s blood alcohol level.

Validity and scope of Division 6 ‘new cross claims’ under the Claims Resolution Procedure in the Dust Diseases Tribunal.

It is a fundamental element in a successful claim for double insurance contribution that there is a common liability to indemnify the same insured in respect of the relevant loss.

An accountant sued after using client data from their previous firm was forced to pay damages to their former employer.

Planking is one of the newest challenges facing employers.