ArticleBar brawl deemed to arise from, or in connection to, employmentThis broad interpretation places a burden upon employers with rural or remote job locations requiring accommodation.AustraliaEmployment and HRDWF (Australia)
ArticleUpdate: Competition penalties in Australia set for review: Australian Legal UpdateThe OECD has reported that Australia's anti-competitive penalty sanctions are among the lowest in OECD member countries.AustraliaAntitrust/Competition LawDWF (Australia)
ArticleAppeal - Pool injury not caused by a breach of duty by Council.This NSWCA decision provides a timely reminder that causation is a critical requirement for a finding of negligence.AustraliaLitigation, Mediation & ArbitrationDWF (Australia)
ArticleA real head-turner! Risk of injury not foreseeable for person who concealed previous injuryCouncils could escape liability, if the risk was not foreseeable and the employee concealed a history of previous injury.AustraliaEmployment and HRDWF (Australia)
ArticleEmployers have no right to be heard in an appeal before the QIRCThis decision ruled that the QIRC does not have the power to give an employer leave to appear on appeals.AustraliaEmployment and HRDWF (Australia)
ArticleLegal Alert: Double dipping on compensation in an asbestos claimThe estate was barred from claiming a more significant sum in Queensland after seeking compensation in New Zealand.AustraliaEmployment and HRDWF (Australia)
ArticleByrne amendments to the Workers' Compensation and Rehabilitation Act (Qld) 2003 proclaimed, but what is the effect?Contractors and principals should ensure they have appropriate insurance coverage instead of relying on indemnity clauses.AustraliaInsuranceDWF (Australia)
ArticleIntellectual property paw: trademark removal for non-useWe discuss Dick Smith Investments Pty Ltd v Ramsey [2016].AustraliaIntellectual PropertyDWF (Australia)
ArticleConstruction Update— AS11000 contract delayed after negative feedbackA further draft is expected to be released in mid-2017, with the final version being published at the end of the year.AustraliaReal Estate and ConstructionDWF (Australia)
ArticleLost in translation: The extent of the duty to warThe duty to take reasonable care to warn of risks does not extend to special steps to ensure the patient understands.AustraliaFood, Drugs, Healthcare, Life SciencesDWF (Australia)
ArticleABC of contracting procedures - necessary for local governmentsNo matter how big or small, local governments enter into hundreds of contracts throughout the course of the year.AustraliaGovernment, Public SectorDWF (Australia)
ArticleQueensland Supreme Court decision opens possibility for wider development of trust landThe Queensland Supreme Court provided guidance to local governments as to the permitted use of Crown land held on trust.AustraliaReal Estate and ConstructionDWF (Australia)
ArticleProject bank accounts and local governmentWhile project bank accounts are proposed, local governments should assess the appropriateness of PBAs for their projects.AustraliaGovernment, Public SectorDWF (Australia)
ArticleA doctor's certificate is no shield to dishonest conductEmployers can challenge a medical certificate where there is reasonable cause to believe that the employee is dishonest.AustraliaEmployment and HRDWF (Australia)
ArticleAlteration of medical certificate justified summary dismissalAn ill employee who altered a medical certificate to facilitate a return to work was found to be guilty of misconduct.AustraliaEmployment and HRDWF (Australia)
ArticleLifting and twisting: not always a real risk of injuryThis decision rejected the idea that a system of work involving lifting and twisting creates a foregone risk of injury.AustraliaEmployment and HRDWF (Australia)
ArticleSouth East Queensland Regional Plan (ShapingSEQ) available for public consultationShapingSEQ is a framework to manage the region's growth over the next 25 years and sets a vison for the next 50 years. AustraliaReal Estate and ConstructionDWF (Australia)
ArticleEmployer liable for co-worker's assault on employee at tavernAn assault at an on-site tavern in the middle of a worker's shift arose out of, or in the course of his employment.AustraliaEmployment and HRDWF (Australia)
ArticleEven when they're sleeping - Court widens empoyer liability for in-bed worker assaultWhere accommodation is specifically provided, safe and secure systems should be in place to ensure the safety of workers.AustraliaEmployment and HRDWF (Australia)
ArticleTheft of controlled medications appropriately managed by providerThe aged care provider remedied deficiencies in the medication management system that was exploited by a former employee.AustraliaFood, Drugs, Healthcare, Life SciencesDWF (Australia)