Month

June 2010
30 June 2010 Norton Rose In a wave of recent amendments to the Trade Practices Act 1974, the first of three tranches of Australian Consumer Law reforms comes into effect tomorrow and the second tranche was passed by Parliament on Friday. Read more of the article by Norton Rose. Reproduced with permission of Norton Rose in...
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Norton Rose Two recent adverse action decisions provide clarity to employers about the operation of the new types of claims available under the Fair Work Act 2009 (the Act). What are adverse action and workplace rights? Adverse action is defined in a table at section 342 which sets out the type of conduct which will...
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Brady v Woolworth Limited [2010] QDC 260 Catchwords NEGLIGENCE – PERSONAL INJURIES – Personal Injuries Proceedings Act – pre-litigation procedure – obligations under s 27 to disclose documents and provide information – scope of – whether failure to comply Ryrie DCJ Leave was granted to proceed with the application despite the Request for Trial Date...
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RSL (Queensland) War Veterans Homes Limited & Anor v Palma [2010] QSC 222  Catchwords WORKERS’ COMPENSATION – PROCEEDINGS TO OBTAIN COMPENSATION – PRELIMINARY REQUIREMENTS – NOTICE OF INJURY – GENERALLY – where respondent claims to have sustained physical and psychological injuries in the course of her employment at a nursing home when she was assaulted...
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Bezant v Davis & Anor [2010] QSC 229 Catchwords DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT – MEASURE OF DAMAGES – PERSONAL INJURIES – GENERAL PRINCIPLES – where plaintiff suffered a fractured pelvis and a minor head injury in a motor vehicle accident – where liability admitted McMeekin J Liability was...
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24 June 2010 | by The New Lawyer NEW laws introduced today are set to establish a new military court in Australia while also reshaping the current federal court system. Attorney-General, Robert McClelland, today introduced legislation that will see a new court replace the interim system of military justice put in place by last year’s...
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Wilson v Lambkin [2010] QDC 254 Catchwords NEGLIGENCE – CLAIM FOR DAMAGES – PERSONAL INJURY – LIABILITY – QUANTUM – where licensed driver collided with off road object – duty of care of inexperienced licensed driver – learner driver – driver training – numerous laps of isolated bushland road – whether “dangerous recreational activity” occurred...
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Robertson v Dept of Primary Industries and Fisheries & Anor [2010] QCA 147 The decision examines the power of seizure and forfeiture under the Animal Care and Protection Act 2001 (Qld) (‘the Act’). His Honour Fraser JA delivered judgment with whom Chesterman JA and McMurdo P concurred: [35] Section 152 applies where an Inspector has,...
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I refer to my earlier posting and draw attention to the 1st phase of the transition provisions of the Modern Awards to commence on 1 July 2010 (20%). Brisbane Barrister – David Cormack
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Norton Rose Parties involved in civil disputes will now be encouraged to resolve their disputes outside the federal court system under a new Bill which had its Second Reading in Parliament on 16 June 2010. The Attorney-General, the Hon Robert McClelland MP, has introduced the Civil Dispute Resolution Bill 2010 (Cth) (the Bill) which seeks to ensure that parties take...
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