Australian Maritime Officers’ Union, v Newcastle Port Corporation [2009] FWA 829 Vice President Watson applied the test in at paragraphs 31 & 32 of Total Marine Services Pty Ltd v Maritime Union of Australia [2009] FWAFB 368 as to whether there had been a genuine attempt to reach agreement: “[31] In our view the concept of genuinely [...]

ABC news report – Company directors will face the risk of being personally prosecuted for workplace safety breaches if new national guidelines come into force. Brisbane Barrister – David Cormack

St George Bank Limited v Wright & Ors [2009] QSC 337 Justice McMurdo entered summary judgment in the amount of $47,763,997.46, in respect of an application brought by St George Bank Limited on guarantees and indemnities given. The defence in part was that the second tranche of the advance had not been made and accordingly the agreement not [...]

Spain v Dipompo Jacs Constructions P/L & Anor [2009] QCA 323 The appeal by WorkCover Queensland and their insured was allowed in respect of the decision by the learned primary judge to extend the limitation. In particular His Honour Justice Keane relied on the evidence of the plaintiff’s sister in the Dr Ratnam’s notes to dismiss the [...]

Andrews v Qld Racing Ltd [2009] QSC 338  Her Honour Justice Wilson delivered judgment on Friday night past. The case has attracted media attention with the personalities involved. Brisbane Barrister – David Cormack

Follow the report in The Daily Telegraph, which is of interest not only in respect of the fund, but cross claims brought by Amaca Pty Ltd (James Hardie’s liability company) against other manufacturers – see case below, where the amount of $350,000.00 was not recouped. Brisbane Barrister – David Cormack

 CSR LTD v AMACA PTY LTD [2009] NSWCA 338 The appeal by CSR Limited and Midalco Pty Limited was upheld against Amaca Pty Limited, in respect of a cross claim by Amaca for damages paid to Mrs Belinda Dunn, who was exposed to crocidolite asbestos when she was aged 3 - 4. The issue in dispute [...]

This Bill was introduced on 21 October 2009 by The Minister for Employment & Workplace Relations, Julia Gillard. The aim is to end the overlap between the State and Federal workplaces. Queensland has agreed in principle subject to some unresolved issues. The time frame intended for commencement is 1 January 2010. Brisbane Barrister – David [...]

Michael Wilson and Partners Limited v Robert Colin Nicholls & Ors [2009] NSWSC 1033 The protagonists in this case are the well known law firm and 3 of their former professional members. To reach the analysis of employee fiduciary obligations the decision traverses forum and conflict of law issues. Justice Einstein provides an excellent analysis [...]

Australian Maritime Officers Union v Sydney Ferries Corporation [2009] FCAFC 145 On appeal the court held income protection as part of subclause 12.8.9 of the Sydney Ferries Corporation Maritime Officers Enterprise Agreement 2006 – 2008 was not prohibited content within the meaning in s.358 of the Workplace Relations Act 1996 (Cth.). The basis for the [...]