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The past two months have provided some important milestones for industrial relations in Australia. The "Fair Work Act 2009" (Cth) received Royal Assent on 7 April 2009 after marathon sittings in Parliament.

In "Baker and Telstra Corporation Limited and Comcare" [2008] AATA 1136, the Administrative Appeals Tribunal considered an application for a review of two decisions which denied Mr Baker’s claim for occupational asthma.

On 15 November 2007, the Full Court of the High Court of Australia clarified Australian law in relation to the operation of the transfers of mortgages.

In late 2009 the Golden Downs forest near Nelson was badly damaged by fire. The forest owner sued the owner of a neighbouring property (Three Tuis Limited) and a neighbouring occupier (Mr Garnett), alleging that either Three Tuis or Mr Garnett had spread ash and embers from Mr Garnett’s two tourist cabins without checking if they were still smouldering.

Parties to a construction contract need to be very careful when completing contracts in relation to liquidated damages, particularly where it is not intended that liquidated damages apply.

Early last week, the US Securities and Exchange Commission (SEC) and Australian authorities reached an agreement, to allow certain broker-dealers and exchanges to operate in both jurisdictions, generally without the need for them to be separately regulated in each of the countries.

When a commercial vessel is damaged it is common for there to be a claim for loss of hire or profit from the operation of the vessel. Private pleasure craft do not generally give rise to the same losses.

The New South Wales Court of Appeal recently considered the entitlement to compensation for a long-haul flight attendant who was knocked off a bicycle whilst on ‘slip-time’ between flights in Los Angeles, USA

This issue has yet to be fully tested in New Zealand, but overseas decisions give us some insight as to how to tackle the misuse of social networking sites and blogs. Generally if the conduct damages the employer’s reputation or business relationships, or internal employment relationships, then the employee’s employment may be in jeopardy. Each case should be dealt with on its own merits.

The recent decision of the Court of Appeal in Rodney District Council v Eyres Eco-Park Limited [2007] NZCA 13 (20 February 2007) has reversed earlier rulings of the Environment Court and the High Court as to the correct interpretation of section 10 of the Resource Management Act 1991. In particular, the decision focuses on the identification of existing use rights as progressively more restrictive plan provisions are rolled out.

The Securities Commission has issued a new exemption notice – the Securities Act (Directors’ Certificates – Collective Investment Schemes) Exemption Notice 2009 (Notice).

The Government introduced the Insurance (Prudential Supervision) Bill (Bill) into Parliament in late October 2009. The Bill contained numerous changes arising out of the Reserve Bank consultation process. In this article we look at the key changes, many of which have seen an improvement to the proposed legislation.

In Peter Miles Davies v New Zealand Police [2009] NZSC 47 (25 May 2009), the Supreme Court of New Zealand determined an important area of New Zealand’s civil compensation system.

Marine insurance policies can either specify an agreed value or specify that a value be determined when a claim is made.

The latest issue of The Workplace from DLA Phillips Fox is now available. The Workplace provides news, perspectives and analysis on legal developments and issues in the areas of workplace relations, employment and safety.

This article outlines key competition issues arising in the marketing and sale of output from a joint venture project..

Australian government policies, business priorities and consumer choices are all influenced by environmental concerns.