ArticleApportionment of liability: The duty owed by a private hospitalThe Court recently delivered judgment in a cross-claim for contribution made by a surgeon against a private hospital.AustraliaLitigation, Mediation & ArbitrationDWF (Australia)
ArticlePlanning Law in Queensland: Substantially different development - when changing applications and approvalsThis statutory guideline 06/09 provides guidance to applicants on what constitutes a substantially different development.AustraliaReal Estate and ConstructionDWF (Australia)
ArticleThe importance of shareholder agreements to a businessA shareholders agreement provides documentation of principles agreed on by the shareholders and owners of a business.AustraliaCorporate/Commercial LawDWF (Australia)
ArticleBack to basics – assaults in the workplace and the importance of having a reliable witness - Australian legal updateArticle explores recent case about assault in the workplace & highlights the importance of having a reliable witness at trial.AustraliaEmployment and HRDWF (Australia)
ArticleEmployer found liable for co-worker's assault on employee at tavernAn assault at an on-site tavern in a worker's two week shift arose out of, or in the course of the employee's employment.AustraliaEmployment and HRDWF (Australia)
ArticleEmployer response to a worker request to not work on Saturdays for religious reasons passes reasonable management action testAn employer who offered a five-day week role with less remuneration had responded reasonably to the employee's request.AustraliaEmployment and HRDWF (Australia)
ArticleLabour hire agreement justified termination of employmentThe labour hire employer was in fact fulfilling a contractual obligation to remove the employee from the worksite.AustraliaEmployment and HRDWF (Australia)
ArticleOuter-limit contracts no longer a sure thingDrafters of outer-limit contracts should refer to the principles discussed in this case when drafting these contracts.AustraliaEmployment and HRDWF (Australia)
ArticleWorker unfairly dismissed after leaving work due to panic attackThe FWC found that the employee was unfairly dismissed, when the employer misinterpreted the exit as an intent to resign.AustraliaEmployment and HRDWF (Australia)
ArticleRisk of negligent treatment of prisoners if PBS drugs unavailable: Australian Legal UpdateThe level of care available to the patient may have been less than that regarded as adequate for patients not in custody.AustraliaFood, Drugs, Healthcare, Life SciencesDWF (Australia)
ArticleProcedural fairness in workplace investigationsThis decision emphasises the requirement that the staff member must be afforded natural justice and procedural fairness.AustraliaEmployment and HRDWF (Australia)
ArticleReasonable adjustments must be consideredEmployers must enquire whether the injured employee could perform the job if reasonable adjustments were made.AustraliaEmployment and HRDWF (Australia)
ArticleSystem to recognise and manage a deteriorating patientAn earlier recognition of deterioration and transfer for appropriate care could have improved his chances of survival.AustraliaFood, Drugs, Healthcare, Life SciencesDWF (Australia)
ArticleBuilding Industry Fairness Act – What can we do? Australian Legal UpdateContracts and subcontracts need to be reviewed and amended where necessary to provide for the implementation of the act.AustraliaReal Estate and ConstructionDWF (Australia)
ArticleCase Note: Cudal Lime Products Pty Ltd first to be convicted for Category 1 offence for work health and safetyThe first Category 1 conviction has been finalised since the introduction of the model Work Health and Safety Act.AustraliaEmployment and HRDWF (Australia)
ArticlePersonal injuries - Employer win in the Cairns District Court – Clayton v Jetcrete Oz Pty Ltd [2017] QDC 003The Plaintiff (worker) failed to establish that the incident occurred and that the employer breached its duty of care.AustraliaEmployment and HRDWF (Australia)
ArticlePsychiatric injuries not foreseeable to an employer unless specific notice givenThe case affirms that a duty to take reasonable care does not apply in relation to a workplace investigation of a worker.AustraliaEmployment and HRDWF (Australia)
ArticleUber, the gig economy and legislative changeThe lack of a "work–wages bargain" with respect to the Uber operations, meant that this Uber driver was not an employee.AustraliaEmployment and HRDWF (Australia)
ArticleProcedural fairness in investigationsThe court required that a staff member, if subject of an investigation, be given natural justice and procedural fairness.AustraliaLitigation, Mediation & ArbitrationDWF (Australia)
ArticleMisconduct unaffected by medical conditionEmployees with psychological impairments are not protected from termination because of performance or misconduct issues.AustraliaEmployment and HRDWF (Australia)