Archive for December, 2010

Public law report

Friday, December 24th, 2010

 Norton Rose Read more of the Public law report for 2010. Reproduced with permission of Norton Rose in accordance with their legal notice and disclaimers.

Focus: Workplace Relations

Friday, December 24th, 2010

Allens Arthur Robinson In this issue: we look at implied terms in employment contracts; senior employee liability for workplace breaches; criminal conviction as a reason for terminating employment; damages calculations arising from breach of an independent contract; dealing with complaints of underpayment; and the Equal Opportunity Act 2010 (Vic). Duty of good faith and reasonable [...]

FWA certification and extension principles

Tuesday, December 21st, 2010

Stephens v Australian Postal Corporation [2010] FMCA 1012 (15 December 2010) Catchwords: INDUSTRIAL LAW – General protections court application – 14 day time limit after FWA certificate – power to extend – relevant considerations – short delay by legal representative in giving advice – no prejudice to employer – extension granted. Fair Work Act 2009 [...]

The impact of void adjudications

Monday, December 20th, 2010

David Spankie v James Trowse Constructions Pty Limited [2010] QSC 336 Allens Arthur Robinson The Supreme Court of Queensland has held that a void adjudication does not extinguish a party’s right to make a payment claim in respect of the same issues and to have that payment claim adjudicated. The court also confirmed that, as [...]

Focus: Full Court rules White and Yellow Pages not ‘original literary works’

Saturday, December 18th, 2010

 Allens Arthur Robinson   In brief: In a landmark copyright decision, the Full Federal Court has upheld a decision that copyright in both the White Pages and the Yellow Pages directories was not made out because computer programs, rather than human authors, had done the crucial work of arranging the information and producing the particular [...]

Draft Model Work Health and Safety Regulations and Codes of Practice released

Thursday, December 16th, 2010

Allens Arthur Robinson In brief: Any company or individual conducting business, regardless of whether it has any employees, will be liable under new draft regulations which are the next step towards the national harmonisation of occupational health and safety laws. Partner Peter Arthur (view CV) and Lawyer Jonathan Adamopoulos report on new draft Regulations and [...]

Causation – slipping on a greasy chip

Sunday, December 12th, 2010

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Enterprise update: Are you at risk? Personal liability for sham contracting

Saturday, December 11th, 2010

Norton Rose Overview The Centennial case Accessorial Liability Penalty Action required Reproduced with permission of Norton Rose in accordance with their legal notice and disclaimers.

BAQ letter to the Courier Mail – Jetset judges swap gavel for travel

Wednesday, December 8th, 2010

Further to the Courier Mail article Jetset judges swap gavel for travel I refer you to the Bar Association’s letter to the Courier Mail.

Model Work Health and Safety Regulations and Codes of Practice released for public comment

Wednesday, December 8th, 2010

Norton Rose Overview The approach taken in developing the regulations and Codes What do the regulations and priority Codes of Practice deal with? A little more and a little less detail in regulations A change in the approach to the hierarchy of controls – for better or for worse? Penalties What you should now be [...]

David Cormack, Barrister