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  • Article

    Application of the peer defence in medical negligence cases: Australian Legal Update

    To establish the peer defence, medical practitioners must show that an established practice existed at the alleged time.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    DWF (Australia)
    DWF (Australia)
  • Article

    Pharmacist's appeal a cause for real concern

    This was an appeal against an earlier order to cancel a Pharmacist's registration, because of professional misconduct.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    DWF (Australia)
    DWF (Australia)
  • Article

    Pharmacist's appeal was a - cause for real concern

    NCAT was not relevantly satisfied that Mr Fryar was a fit and proper person to be re-registered as a pharmacist.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    DWF (Australia)
    DWF (Australia)
  • Article

    Defending manual handling cases - Is generic manual handling training ever enough? Australian Legal Update

    Two cases demonstrate the importance of ensuring manual handling training and instruction is provided to all workers.
    AustraliaEmployment and HR
    DWF (Australia)
    DWF (Australia)
  • Article

    Unique living arrangements grounds for awarding damages for gratuitous services: Australian Legal Update

    The Plaintiff was awarded significant damages, over a million dollars, which included an award for gratuitous damages.
    AustraliaEmployment and HR
    DWF (Australia)
    DWF (Australia)
  • Article

    What are reasonable adjustments in disability discrimination law?

    There is a statutory obligation on employers to make reasonable adjustments to the role for employees with impairments.
    AustraliaEmployment and HR
    DWF (Australia)
    DWF (Australia)
  • Article

    Who is an Officer within the meaning of the Work Health and Safety Act 2011?

    A project manager, who was involved in the decision-making, was found not to be an officer within the meaning of the Act.
    AustraliaEmployment and HR
    DWF (Australia)
    DWF (Australia)
  • Article

    Council's responsibility when evaluating tenders

    The case illustrates the practical operation of "sound contracting principles", to be included in a procurement policy.
    AustraliaGovernment, Public Sector
    DWF (Australia)
    DWF (Australia)
  • Article

    Multi-agency, cross-jurisdictional approach to heavy vehicle compliance: Australian Legal Update

    The approach in 'Operation Rolling Thunder' could be indicative of enforcement of the Heavy Vehicle National Law (HVNL).
    AustraliaTransport
    DWF (Australia)
    DWF (Australia)
  • Article

    Reasonable adjustments to be considered before termination

    Employers must first enquire if an injured worker could adequately perform the job if reasonable adjustments were made.
    AustraliaEmployment and HR
    DWF (Australia)
    DWF (Australia)
  • Article

    My Health Record

    My Health Record system is under inquiry for items such as expected benefits, opt-out, system roll out, privacy issues etc .
    AustraliaPrivacy
    DWF (Australia)
    DWF (Australia)
  • Article

    Patients without capacity: Court orders patient cannot refuse recommended treatment.

    The question of capacity arises when a patient refuses treatment that the practitioner considers is in his best interest.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    DWF (Australia)
    DWF (Australia)
  • Article

    Ms Farnham's Castle and the Law of Common Sense

    Her employment was not a significant contributing factor so she did not meet the definition of 'injury' under the WCRA.
    AustraliaEmployment and HR
    DWF (Australia)
    DWF (Australia)
  • Article

    Quarterly statistics report: health information involved in 24 per cent of data breaches: Australian legal update

    The briefing considers this data protection regime, with useful compliance information for all health service providers.
    AustraliaPrivacy
    DWF (Australia)
    DWF (Australia)
  • Article

    Changes to foreign investment rules have commenced

    These changes impact on builders and developers who sell and market to foreign buyers, who now pay a fee to the FIRB.
    AustraliaGovernment, Public Sector
    DWF (Australia)
    DWF (Australia)
  • Article

    Ms Farnham's Castle and the law of common sense

    The injury, on Ms Farnham's journey from home, where she worked, to a client's house, invoked the operation of the CLA.
    AustraliaEmployment and HR
    DWF (Australia)
    DWF (Australia)
  • Article

    Employer liable for threats to carer

    The Residential Care Worker was subject to verbal abuse and physical aggression by a young person in her care.
    AustraliaEmployment and HR
    DWF (Australia)
    DWF (Australia)
  • Article

    Ms Farnham's Castle and the law of common sense

    Remote workers who are injured when driving to another workplace are subject to the more limited scheme of CLA damages.
    AustraliaEmployment and HR
    DWF (Australia)
    DWF (Australia)
  • Article

    Plaintiff's requests for information - just an exercise in running up legal costs

    The decision is a timely reminder that section 279 of the WCRA does not provide a means to ask for excessive information.
    AustraliaEmployment and HR
    DWF (Australia)
    DWF (Australia)
  • Article

    The perils of being drunk at a work conference

    Mere evidence of modest intoxication at work will generally not be sufficient to dismiss an employee without notice.
    AustraliaEmployment and HR
    DWF (Australia)
    DWF (Australia)

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