Month

April 2010
Tabet v Gett [2010] HCA 12 (21 April 2010) Whilst all their Honours dismissed the appeal, the decision was not unanimous (as is becoming the norm) however, with the exception of Gummow ACJ, the balance agreed with Kiefel J. The issue to be determined was whether a claim in negligence having failed in breach of...
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By Lawyers Weekly Robert McClelland’s backdown from the national Human Rights Act is “yet another humiliation for the lame duck Attorney-General”, according to Senator George Brandis SC. Read more
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Health World Ltd v Shin-Sun Australia Pty Ltd [2010] HCA 13 (21 April 2010)   The issue in contention concerned the interpretation of the standing of an “aggrieved person” or “person aggrieved” in sections 88(1)  and 92(1) of the Trade Marks Act 1995 (Cth). In allowing the appeal their Honours FRENCH CJ, GUMMOW, HEYDON AND BELL...
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Nooteboom v Ernest Henry Mining Pty Ltd [2010] QSC 106 The applicant sought to extend the limitation period to cover an ‘over period of time’ psychiatric injury. The ‘material fact of a decisive nature’ relied upon was the decision of Industrial Magistrate  Tonkin delivered on 2 February 2009, overturning Q-COMP’s decision and accepting the injury...
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Kate Jane Bazley v Wesley Monash IVF Pty Ltd [2010] QSC   An application was brought by a widow in respect of stored sperm (gametes) of her late husband seeking an order the respondent continue to store them. The relevant terms of the contract between the respondent and the applicant’s late husband incorporated the National Health and Medical...
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Further to my earlier posting and the Discussion Paper  on proposed regulations to be made under the Personal Property Securities Act 2009 . The next step has been taken with the release of an Exposure Draft and Commentary  for the Personal Property Securities Regulations 2010. The closing date for submissions is 4 June 2010. Brisbane Barrister –...
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McKay v Palmers Removalists & Storage Pty Ltd [2010] NSWCA 83 This NSWCA of decision is a timely reminder of the principles in Malec v JC Hutton Pty Ltd [1990] HCA 20 and in the context of the recent High Court decision of Tabet v Gett [2010] HCA 12 (21 April 2010)  it is useful...
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The Federal Court has provided some comfort to concerned employers regarding the scope of the new adverse action provisions in the Fair Work Act 2009 (Act). Read more of the article by Norton Rose. Reproduced with permission of Norton Rose in accordance with their legal notice and disclaimers.
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Curry v Brisbane City Council [2010] QDC 148   The claim involved a motor vehicle accident where a pedestrian was hit by a taxi on an intersection.  Apart from notice under the Motor Accident Insurance Act 1994 (Qld), notice was given to the Brisbane City Council (“BCC”) as the local authority responsible for the intersection....
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The Fair Work Act 2009 (the Act) introduced many changes to the law affecting employers and employees. The Act introduced a new system of Modern Awards, a new suite of universal minimum conditions of employment (the National Employment Standards) and a new regime for compulsory bargaining in good faith for the purpose of creating collective...
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