Allens Arthur Robinson In this issue: we look at work health and safety laws harmonisation; redeployment obligations in a redundancy; employer rights to determine where on-site union meetings are held; and whether asserting a right under an employment contract can ground an adverse action claim. Key issues in OHS harmonisation Reasonable to redeploy to lower [...]

 Allens Arthur Robinson In brief: The Full Federal Court has dismissed all grounds of the Australian Competition and Consumer Commission’s appeal in the Metcash case. Partner Jacqueline Downes and Lawyer Nicholas Mendoza-Jones report.   The facts Key findings Significance of the decision Reproduced with permission of Allens Arthur Robinson and in accordance with their terms [...]

Syntech Resources Pty Ltd v Peter Campbell Earthmoving (Aust) Pty Ltd & Ors [2011] QSC 293 I refer to earlier postings regarding Kirk; N.K Collins and more recently Thiess in relation to jurisdictional error in the purview of judicial reviews and the supervisory role of the Supreme Court. Allens Arthur Robinson The Supreme Court of [...]

Allens Arthur Robinson In brief: A new national register for business names is to be established, to replace the inconvenient and costly state-based systems that are currently in operation. Partner Tim Golder (view CV) and Law Graduate Claire Agius report. Overview Existing business names Key features of the new system Are fewer business names available [...]

Allens Arthur Robinson Westport Insurance Corp v Gordian Runoff Ltd [2011] HCA 37 In brief: A recent High Court decision is significant for all parties involved in arbitrations or whose contracts contain arbitration clauses, and for reinsurers whose contracts are subject to New South Wales law. Partner Michael Quinlan (view CV) , Lawyer Mitch Riley [...]

Allens Arthur Robinson In brief: Individuals could soon gain the right to sue other individuals and companies over serious invasions of privacy if the Federal Government adopts recommendations in a long-awaited issues paper. The issues paper considers the introduction of a statutory cause of action for invasions of privacy and how to strike the right [...]

Allens Arthur Robinson In this issue: we look at whether an employer has the right to dismiss an employee for not working on a public holiday; Fair Work Australia’s position on intervening in the bargaining process; social media usage in the workplace; proving bullying in an unfair dismissal case; and going to court to restrain [...]

HIH Claims Support Ltd v Insurance Australia Ltd [2011] HCA 31 (22 August 2011) Allens Arthur Robinson In brief: Dismissing an appeal against a decision of the Victorian Court of Appeal, the High Court has determined that the doctrine of equitable contribution should not be extended to allow contribution claims to be made against an [...]

Allens Arthur Robinson In a trend known as BYO Computing, employees are increasingly wanting to use their own mobile computer technology for work purposes. Mobile computing can benefit employers, but there are legal risks as well. Technology, Media and Telecommunications Partner Michael Pattison and Workplace Relations Partner Simon Dewberry speak to Boardroom Radio about the [...]

Allens Arthur Robinson In brief: The Full Court of the Federal Court has overturned an earlier decision that servingware maker Bodum’s reputation in its ‘Chambord’ coffee plunger was ‘distinctly tied’ to its Bodum name. Partner Tim Golder (view CV) and Senior Associate Anna Thorburn report on this latest decision. Background The decision Secondary meaning or [...]