ArticleRegistered Organisations update: 15 April 2025Registered Organisations Services Branch (ROSB) published Model Rules for Registered Organisations on their website.AustraliaCorporate/Commercial LawCarroll & O'Dea
ArticleCase Summary: AAI Limited t/as GIO v Adnan [2024] NSWPICMP 89 (19 February 2024) – The importance of the breadth of evidence in a personal injury claimDiscusses recent case where the independent Medic al Assessor's assessment was overturned on review.AustraliaLitigation, Mediation & ArbitrationCarroll & O'Dea
ArticleArtificial intelligence in legal practice: professional responsibilities across Australian courts and tribunalsAs technology continues to evolve, understanding the limits of AI and maintaining professional diligence will remain essential for meeting both the ethical and procedural obligations of legal practice.AustraliaTechnologyCarroll & O'Dea
ArticleDiscretionary trusts and foreign persons: to exclude or not exclude that is the questionOverview of the treatment of foreign persons & discretionary trusts in NSW.AustraliaCorporate/Commercial LawCarroll & O'Dea
ArticleChanges to the application to register a new Australian companyApplications for registration as an Australian Company must now be done online. AustraliaCorporate/Commercial LawCarroll & O'Dea
ArticleExchange of emails can lead to a binding agreement for a leaseCaution and clarity as to the nature of the communications.are important when negotiating agreements with another party.AustraliaCorporate/Commercial LawCarroll & O'Dea
ArticleNo implied duty of mutual trust and confidence in employment contracts – the High Court of Australia decision in Commonwealth Bank of Australia v Barker [2014] HCA 32.The High Court confirmed that there is no common law implied duty of mutual trust and confidence in employment contracts.AustraliaCorporate/Commercial LawCarroll & O'Dea
ArticleUpdated guidance from the ACNC in relation to Health Promotion Charities: what you need to knowWhat you need to know about the updated guidance from the ACNC in relation to Health Promotion Charities. AustraliaCorporate/Commercial LawCarroll & O'Dea
ArticleWhat’s happening with the ACNC and the charities and not-for-profit sector?Interested parties, including the ACNC, are placing submissions about their opinions as to a future model for the ACNC. AustraliaCorporate/Commercial LawCarroll & O'Dea
ArticleCase summary: Khodor v Murphy [2024] NSWDC 364 – The role of self-defence and credibility in civil assault claimsRecent case highlights the important factors required to establish a self-defence claim.AustraliaCriminal LawCarroll & O'Dea
ArticleChanges to New South Wales drink driving lawsChanges to laws impact those drivers who commit the offence of driving with a low range blood alcohol concentration.AustraliaCriminal LawCarroll & O'Dea
ArticleAnnual Leave Under the Fair Work Act 2009The enormous value of Australian workers’ accumulated annual leave entitlements was the subject of research undertaken by Tourism Australia in the wake of the global financial crisis. In 2009, Australians had accumulated 123 million days of annual leave, which equated to wages in excess of $33 billion. Research revealed that approximately 25% of full-time employees in Australia accrue their annual leave, by having over five weeks’ leave owing at any one time.AustraliaEmployment and HRCarroll & O'Dea
ArticleArticle #1- What constitutes a psychological injury?The first article in this compensation law series discusses psychological injuries in the NSW Workers Compensation Scheme.AustraliaEmployment and HRCarroll & O'Dea
ArticleArtificial Intelligence And Workplace Safety: NSW Extends WHS Duties To Digital SystemsThe increasing use of artificial intelligence and algorithm-driven technologies in modern workplaces has created new efficiencies for businesses, but it has also introduced new categories of workplace risk.AustraliaEmployment and HRCarroll & O'Dea
ArticleAutomatic abandonment of employment award clauses – to be abandoned?An employer can't rely on an abandonment of employment clause for automatic protection against an unfair dismissal claim.AustraliaEmployment and HRCarroll & O'Dea
ArticleCase Summary – State of New South Wales (Western NSW Local Health District) v Knight [2023] NSWPICPD 63Prudent employers should consider refreshing their work from home policies generally.AustraliaEmployment and HRCarroll & O'Dea
ArticleI've been injured at work, what is a lump sum compensation claim and how can I make one? – A guide for Tasmanian workersAn overview of WPI, in the context of entitlement to make a lump sum workers' compensation claim in Tasmania.AustraliaEmployment and HRCarroll & O'Dea
ArticleI've just been terminated: Should I lodge an unfair dismissal application?A range of factors are important in assessing whether you will be successful in an unfair dismissal claim.AustraliaEmployment and HRCarroll & O'Dea
ArticleNational Employment Standards (NES) and Modern Awards: Will you be ready when they take effect on 01 January 2010 because of the Fair Work Act ?This Update draws your attention to a number of important issues which you need to keep in mind and address in the near future, so you are prepared for changes that will take effect on 01 January 2010.AustraliaEmployment and HRCarroll & O'Dea
ArticleProcess for lodgement of workers compensation claim for COVID-19 related injury in NSWA worker should lodge both documents with their employer as soon as possible after becoming aware of the related injury.AustraliaEmployment and HRCarroll & O'Dea