Archive for February, 2010

Spider bite – standard of proof & trivial risk

Monday, February 8th, 2010

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Sections 131(1) & 237(1)(d) WCRA – “worker who has not lodged an application for compensation for the injury”

Monday, February 8th, 2010

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HCA: Kirk – privative clauses & jurisdictional errors

Friday, February 5th, 2010

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Section 411 Corporations Act application – contingent asbestos liability

Thursday, February 4th, 2010

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Hollywood v ISP – iiNet held not responsible for its customers’ copyright infringement

Thursday, February 4th, 2010

Norton Rose Today the Federal Court dismissed a claim by a multi-national alliance of motion picture and recording industry companies, represented by the Australian Federation Against Copyright Theft (AFACT), that iiNet, Australia’s third largest internet service provider, had authorised copyright infringement by failing to stop its customers from using the otherwise legitimate BitTorrent file sharing [...]

Leighton v Fox (HCA) independent contractor test applied by NSWCA

Wednesday, February 3rd, 2010

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Repudiation of employment contract by unilateral change in status and responsibility

Tuesday, February 2nd, 2010

Whittaker v Unisys Australia Pty Ltd [2010] VSC 9 (29 January 2010)    The plaintiff’s role was changed without his consent to one less in status and responsibility and another person was promoted to his position. The change in roles was ‘broadcasted’ via an email to other employees. Ross J considered at length the law [...]

Fair Work Act Information Statement: Compulsory From 1 January 2010

Tuesday, February 2nd, 2010

Edge Legal As of 1 January 2010, national system employers are required to provide all new employees with a Fair Work Information Statement, either prior to the employee commencing employment or as soon as practical thereafter. Read more of the article by Rob Graham, Partner of Edge Legal. Reproduced with permission of Edge Legal in accordance with their [...]

Sexual assaults & assessment of damages

Monday, February 1st, 2010

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David Cormack, Barrister