Archive for January, 2010

Rectification/mistake/effect of words in a Deed and the duty of a lawyer when making changes to drafts exchanged between the parties

Friday, January 29th, 2010

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Transitioning to Modern Awards

Thursday, January 28th, 2010

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Date of injury (latent diseases) – Appeal & JR – revision

Wednesday, January 27th, 2010

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DDT – Mesothelioma – General Damages – 2009

Monday, January 25th, 2010

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Abuse of process

Friday, January 22nd, 2010

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Gwalia’s legalistic approach slammed

Thursday, January 21st, 2010

COMMENTATORS have taken the federal government’s move to overturn the effect of the High Court’s decision in Sons of Gwalia v Margaretic as a chance to slate the court’s decision. Read more in theNewLawyer and reproduced with permission.

BCIP Act – Payment Schedules and Without Prejudice offers

Tuesday, January 19th, 2010

National Vegetation Management Solutions P/L v Shekar Plant Hire P/L [2010] QSC 3 I refer to my earlier entries as to how the Building and Construction Industry Payments Act 1994 (Qld) operates. The issue in dispute was whether correspondence by the respondent’s solicitor was a “payment schedule” within section 18 of the Act and if [...]

Double Insurance/Contribution and the s45 of the ICA (Cth.)

Friday, January 15th, 2010

Zurich Australian Insurance Ltd v Metals & Minerals Insurance Pte Ltd [2009] HCA 50 (2 December 2009)   The appeal centred on section 45 of the Insurance Contracts Act 1984 (Cth.)   Section 45  provides: “(1) Where a provision included in a contract of general insurance has the effect of limiting or excluding the liability [...]

National Employment Standards (NES)

Thursday, January 14th, 2010

From 1 January 2010, employers and employees in the national workplace system are covered by the new National Employment Standards (NES). Brisbane Barrister – David Cormack

New Employer obligations – flexible working arrangements

Thursday, January 14th, 2010

Norton Rose   With the commencement of the National Employment Standards (NES) on 1 January 2010 it is critical that employers understand their obligations when it comes to employee requests for flexible working arrangements.   Read more of the article by Norton Rose. Reproduced with permission of Norton Rose in accordance with their legal notice and [...]

David Cormack, Barrister