Month

October 2009
Edge Legal The following is a brief overview of the unfair dismissal provisions of the Fair Work Act 2009 (“the Act”)which became operative on 1 July 2009. Who is protected from unfair dismissal?   In order to be protected from unfair dismissal, a person must be employed: by a constitutional corporation; or by the Commonwealth...
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Edge Legal The Federal Court has determined that it is up to individual judges to decide whether Twitter may be used to cover court cases. Reporting court cases on Twitter became evident recently when journalists from ZDNet.com and The Australian both used Twitter to cover the much-publicised case between iiNet and the entertainment industry. For...
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Edge Legal One often overlooked component of the employee-employer relationship is the employees right of privacy. In many instances the employer may unknowingly violate the employees’ right of privacy and thereby run the risk of acting in breach of Australian law. The instances and types of privacy breaches in the workplace will vary depending on...
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Mr Lee C v CLS Pty Ltd (U2009/10839) The employer applied to dismiss the application on the basis the income threshold was exceeded, some $833 above the high income threshold of $108,300 per annum. The employee was paid $109,133 per annum, which included $26,100 in living away from home allowance (LAFHA)) and $4,133 per annum...
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The Civil Liability and Other Legislation Amendment Bill 2009 was introduced to parliament on 7 October 2009, to amend various legislation impacting on personal injuries, but not including work injuries. Among the amendments tabled are: Altering limitation periods for Dust Diseases claims; Indexing General Damages allowances to increase annually; Reinstating certain gratuitous domestic claims (CSR...
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Criminal Organisation Bill 2009 There has been much media attention in respect of ‘anti-bikie’ styled legislation.  The Bill was finally introduced to parliament today. There is general concern that its application is far reaching and not limited to bikies. Brisbane Barrister – David Cormack
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  Legal Services Commissioner v Dempsey (No. 2) [2009] LPT 23 The Tribunal recommended Mr Dempsey be removed from the roll of legal practitioners in Queensland and pay compensation to Rafaela Oats in the sum of $17,232.72. The Tribunal made findings as follows: [3] The Tribunal is of the view that Mr Dempsey was not...
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The 2008–09 annual reports of the Australian Industrial Relations Commission and the Australian Industrial Registry are now available online following their tabling in the Parliament on 26 October 2009. Brisbane Barrister – David Cormack
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 The Bill was released to the House on 21 October 2009. Referral legislation has been passed by QLD, NSW, VIC, SA and it is expected the other States will follow. One of the purposes of the Bill is to replace charges under the Corporations Act 2001, although these provisions are yet to be released. It...
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De Ross v General Medical Assessment Tribunal & Anor [2009] QCA 327 His Honour Justice Keane, with whom Holmes and Fraser JJA concurred, dismissed the appeal of WorkCover Queensland, upholding the decision of the learned primary judge’s decision. Central to this discussion was whether failure by WorkCover to furnish articles provided by Mr de Ross’...
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