Month

November 2009
The recent decision of Orlikowski v IPA Personnel may have implications for companies using labour hire arrangements, as it leaves open the possibility that more than one entity can be an employee’s employer – a concept known as joint employment. Read more in Maddocks October update.  Reproduced with permission in accordance with their terms and...
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 Maddocks The Full Court of the Supreme Court (FullCourt) has recently overturned McDonald v State of South Australia, finding that the term of mutual trust and confidence was not implied into Mr McDonald’s contract of employment because the contract of employment was already heavily regulated and therefore the implied term was unnecessary. Read more in...
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Brisbane Lawyers Rostron Carlyle auDA, the body that manages Australia’s domain name system, has invited people to submit proposals for the creation of new 2LDs in the .au domain space. Applications close 30 November 2009.       Read more of the article… Reproduced with the permission Brisbane Lawyers Rostron Carlyle in accordance with their...
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 Febray Pty Ltd v Equititour Pty Ltd & others; Hutchinson v Equititour Pty Ltd & others [2009] QDC 329 His Honour Rackemann DCJ refused to exercise his discretion in respect of awarding indemnity costs both in respect of summary judgment and the ‘costs thrown away’ on the adjourned application, in circumstances whether summary judgment initially...
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Martinek Holdings Pty Ltd v Reed Construction (Qld) Pty Ltd His Honour Justice Keane JA, with whom the Chief Justice and Her Honour Justice Holmes JA concurred, dismissed the appeal by Martinek. The factual matrix and surrounding legislation is concisely summarised by Keane JA as follows:  [2] An adjudication decision made under the Building and...
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Deacons The highly anticipated draft Model OHS Laws were released on 28 September 2009, giving us our first glimpse of what the harmonised regime may look like. The objectives of the Model OHS Laws are to enable uniform, equitable and effective safety standards for all workers, addressing the compliance and regulatory burdens of employers, including...
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The Victims of Crime Assistance Act 2009 received Royal Ascent on 17 September 2009, and commences on 1 December 2009. The scheme is aimed at changing the emphasis on payments from lump sum ex gratia payments of compensation to payments or reimbursement for goods/services in respect of recovering from the effects of the crime. Consequently,...
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Allens Arthur Robinson Further to the posting on 18 October in respect of Bofinger v Kingsway Group Limited [2009] HCA 44 Partner Diccon Loxton of Allens Arthur Robinson explores the decision at length and concludes in respect of lenders: How does it affect you? Lenders will need to look at the drafting of their guarantee documents, particularly...
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Qantas Airways Limited (Frank Grisaffi) v Q-COMP Qantas appealed the decision by Q-COMP, which set aside the decision of Qantas and accepted the claim for compensation. The main contention by Qantas was the depressive condition was not work related and that employment was not a significant contributing factor. The claimant contended the depression was caused...
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The Australian reports –  The long-running battle that has captivated the ad industry between global advertising giant WPP and Pacific Equity Partners over the contentious $80 million sale of ad agency George Patterson in 2005 may be about to come to a sensational conclusion — possibly as early as this week. Brisbane Barrister – David...
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