Month

January 2010
   Thiess P/L v FLSMIDTH Minerals P/L [2010] QSC 006   Rectification – where the Deed has an effect which is not the result of deliberately chosen words His Honour McMurdo J aptly put the question to be resolved at paragraph [90] after a detailed examination of the dealings between the parties and in particular...
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Norton Rose From 1 January 2010 for employers in the national system, the new modern awards apply as a common rule to all employees in an occupation or industry as described in the scope of each modern award. There are 122 modern awards in all. The impact of the new modern awards on industry is significant. Labour...
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Green v President of the Industrial Court of Qld & Anor [2009] QSC 180 Q-Comp v Green [2008] QIC 80 (31 October 2008) Q-COMP v Gordon Robinson [2007] QIC 43 (4 December 2007)
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Brian Anthony Mooney v Amaca Pty Ltd [2009] NSWDDT 23  – $290,000.00 Phillip Raymond Kirkpatrick v Babcock Australia Pty Ltd [2009] NSWDDT 4 –  $280,000.00 Brisbane Barrister – David Cormack
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The decision of her Honour Margaret Wilson J in Frikton v Plastiras [2010] QSC 5 helpfully summarises the principles regarding abuse of process:  [35] Mr Frikton asserted that he never agreed to be bound in this proceeding by the findings of Muir J in the other proceeding. He submitted that there were many errors made...
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COMMENTATORS have taken the federal government’s move to overturn the effect of the High Court’s decision in Sons of Gwalia v Margaretic as a chance to slate the court’s decision. Read more in theNewLawyer and reproduced with permission.
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National Vegetation Management Solutions P/L v Shekar Plant Hire P/L [2010] QSC 3 I refer to my earlier entries as to how the Building and Construction Industry Payments Act 1994 (Qld) operates. The issue in dispute was whether correspondence by the respondent’s solicitor was a “payment schedule” within section 18 of the Act and if...
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Zurich Australian Insurance Ltd v Metals & Minerals Insurance Pte Ltd [2009] HCA 50 (2 December 2009)   The appeal centred on section 45 of the Insurance Contracts Act 1984 (Cth.)   Section 45  provides: “(1) Where a provision included in a contract of general insurance has the effect of limiting or excluding the liability...
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From 1 January 2010, employers and employees in the national workplace system are covered by the new National Employment Standards (NES). Brisbane Barrister – David Cormack
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Norton Rose   With the commencement of the National Employment Standards (NES) on 1 January 2010 it is critical that employers understand their obligations when it comes to employee requests for flexible working arrangements.   Read more of the article by Norton Rose. Reproduced with permission of Norton Rose in accordance with their legal notice and...
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