ArticleEducation Law Notes – Term 3, 2021Articles relating to teaching and schools, and how schools can protect their reputation by registering their trade marks.AustraliaConsumer ProtectionCarroll & O'Dea
ArticleThe Scope Of A School’s Duty Of Care RevisitedAn 11-year-old student suffered a back injury during a long jump trial at a school athletics carnival, leading to a significant Court of Appeal decision that clarifies schools' duty of care obligations. The case examines whether basic safety measures like adequate sand depth and regular pit maintenance constitute reasonable precautions that schools must take to protect students during sporting activities. AustraliaConsumer ProtectionCarroll & O'Dea
ArticleAustralian charities and not-for-profits commission bill 2012The Government has referred the next draft of the ACNC Bill to the House of Representatives committee.AustraliaCorporate/Commercial LawCarroll & O'Dea
ArticleAustralian Charities and Not-for-Profits Commission Bill 2012This article includes preliminary comments, as the bill has been referred to a Standing Committee for further review.AustraliaCorporate/Commercial LawCarroll & O'Dea
ArticleKimberley College Ltd v Davis 2018 FCA 1102 (24 July 2018)Recent case highlights the importance of reading & reviewing the company constitution when providing advice to the company.AustraliaCorporate/Commercial LawCarroll & O'Dea
ArticleBob and Eric sang I Shot the Sheriff - What are the principles of self-defence in New South Wales?The article considers that song and another saying, in relation to the principles of self-defence in New South Wales.AustraliaCriminal LawCarroll & O'Dea
ArticleIndustrial Manslaughter offence under Work Health and Safety laws introduced in New South WalesThis article considers the changes and what they mean for NSW workers.AustraliaEmployment and HRCarroll & O'Dea
ArticleNew law limiting the use of Fixed Term Contracts of employment: commenced 6 December 2023, but many exceptions – Part 2 of 3Part Two summarises the main aspects of the changes to limit the use of fixed term contracts by employers.AustraliaEmployment and HRCarroll & O'Dea
ArticlePart of the Union - The seventies English song vs the reality of being a union member in modern AustraliaIn Australian law, a union member is just an employee, who must be cautious of what he says in and outside the workplace.AustraliaEmployment and HRCarroll & O'Dea
ArticleSignificant changes to workplace manslaughter offences in VictoriaReforms introduce new penalties for workplace manslaughter and establish a Workplace Incidents Consultative Committee. AustraliaEmployment and HRCarroll & O'Dea
ArticleThe Fairness TestEmployers contemplating entering into Workplace Agreements under the federal Workplace Relations Act 1996 (the Act) need to be aware of recent changes to the Act which provide that fair compensation must be afforded to an employee if "protected conditions" are modified or removed. AustraliaEmployment and HRCarroll & O'Dea
ArticleWhen (and how) obesity can be a compensable injury in NSW workers compensation — and what that means for WPIThe Personal Injury Commission consistently accept that clinically supported post-injury weight gain/obesity can be a compensable consequential condition.AustraliaEmployment and HRCarroll & O'Dea
ArticleCan a stepchild make a family provision claim in New South Wales?The Court considered family provision claims made by two adult stepchildren on the estate of their late stepmother.AustraliaFamily and MatrimonialCarroll & O'Dea
ArticleLife Estates – What are the benefits and risks?A Life Estate grants full ownership rights over a property except the right to pass the property to their beneficiaries.AustraliaFamily and MatrimonialCarroll & O'Dea
ArticleWhat to expect when youre expecting – What happens when your relationship breaks down before the birth of your childBefore your child is born, there is no legal avenue by which you could formalise an agreement regarding custody of your child.AustraliaFamily and MatrimonialCarroll & O'Dea
ArticleWhere theres a Will, theres a way? Contesting and defending NSW wills and estatesDisputes over wills and estates are becoming more common, with an increase of over 50% of cases in the last 10 years.AustraliaFamily and MatrimonialCarroll & O'Dea
ArticleCosmetic surgery under the microscope – Article TwoCosmetic surgery is distinguished from specialist plastic surgery, but it still carries with it many potential risks.AustraliaFood, Drugs, Healthcare, Life SciencesCarroll & O'Dea
ArticleDiscipline action against an employee for holding and/or expressing political opinions in light of Lattouf v ABChe judgment is a reminder of the complexities that arise when politics and work collide.AustraliaGovernment, Public SectorCarroll & O'Dea
ArticleElvis, your union and access to justiceIn terms of the issues Elvis brings to our attention, we should be mindful of this issue of access to social justice. AustraliaGovernment, Public SectorCarroll & O'Dea