Archive for July, 2011

James Henry SC appointed to the Cairns Supreme Court

Friday, July 29th, 2011

Deputy Premier and Attorney-General Paul Lucas today announced the appointment of a new Far Northern Judge of the Supreme Court of Queensland. Mr Lucas said Mr James Henry, SC, would replace Justice Stanley Jones upon his retirement in September, as the Far Northern Judge based at Cairns. Read more of the media release…

MVA: MFO, UCPR Offer & Indemnity Costs

Thursday, July 28th, 2011

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Privilege prevails over staff expert records: defendants to gain forensic advantage

Wednesday, July 27th, 2011

   Algar v State of Queensland [2011] QSC 200 Breast Screen Queensland was last week protected by a Supreme Court ruling from disclosing internal communications pertaining to the negligent diagnosis claim of a Cairns patient who underwent screening in 2007 and 2009. Read more… Reproduced with the permission of Carter Capner Law.

MVA: latitude given to trial judges when apportioning liability

Tuesday, July 26th, 2011

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A statutory right to privacy – coming soon?

Monday, July 25th, 2011

Norton Rose by Ashley Tsacalos Recent events have renewed the focus on issues of privacy, particularly in the face of technological developments. As a result, on 21 July 2011 the Minister for Privacy, The Hon Brendan O’Connor MP, announced that the Commonwealth Government will seek the views of the public on introducing a right to [...]

False and misleading carbon price claim

Friday, July 22nd, 2011

Norton Rose ACCC role in policing pricing Lessons from the GST New ACCC powers What it means for business? View all pages Reproduced with permission of Norton Rose in accordance with their legal notice and disclaimers.

Chaplaincy fight tests nationhood powers

Thursday, July 21st, 2011

Sydney Morning Herald Dan Harrison July 21, 2011 NSW has joined a Queensland father in challenging the constitutional validity of the controversial national school chaplaincy program, arguing the scheme exceeds the federal government’s powers. Read more…

Dismissal: office gossip – valid reason

Wednesday, July 20th, 2011

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NSW is no longer a “Defence Free Zone” under OHS Laws – The impact of the Kirk decision is confirmed (again) in a recent decision

Friday, July 15th, 2011

Norton Rose by Siobhan Flores-Walsh and Sophia Christou Until the decision in Kirk v Industrial Court of New South Wales1, employers in NSW had little hope of successfully defending an OHS prosecution. The impact of Kirk has been significant and was demonstrated most recently in the decision Western Freight Management Pty Ltd v Inspector Patton [...]

Fight for your right (to be a party) – limits on claims for contribution

Wednesday, July 13th, 2011

Allens Arthur Robinson In brief: A recent decision of the Supreme Court of New South Wales highlights the importance of assessing the limits on rights of contribution when issuing insurance policies. Partner Dean Carrigan (view CV), Senior Associate Philip Hopley and Lawyer Patricia Abordo report. Background The referral The decision Comment Reproduced with permission of [...]

David Cormack, Barrister