Month

December 2010
 Norton Rose Read more of the Public law report for 2010. Reproduced with permission of Norton Rose in accordance with their legal notice and disclaimers.
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Allens Arthur Robinson In this issue: we look at implied terms in employment contracts; senior employee liability for workplace breaches; criminal conviction as a reason for terminating employment; damages calculations arising from breach of an independent contract; dealing with complaints of underpayment; and the Equal Opportunity Act 2010 (Vic). Duty of good faith and reasonable...
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Stephens v Australian Postal Corporation [2010] FMCA 1012 (15 December 2010) Catchwords: INDUSTRIAL LAW – General protections court application – 14 day time limit after FWA certificate – power to extend – relevant considerations – short delay by legal representative in giving advice – no prejudice to employer – extension granted. Fair Work Act 2009...
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David Spankie v James Trowse Constructions Pty Limited [2010] QSC 336 Allens Arthur Robinson The Supreme Court of Queensland has held that a void adjudication does not extinguish a party’s right to make a payment claim in respect of the same issues and to have that payment claim adjudicated. The court also confirmed that, as...
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 Allens Arthur Robinson   In brief: In a landmark copyright decision, the Full Federal Court has upheld a decision that copyright in both the White Pages and the Yellow Pages directories was not made out because computer programs, rather than human authors, had done the crucial work of arranging the information and producing the particular...
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Allens Arthur Robinson In brief: Any company or individual conducting business, regardless of whether it has any employees, will be liable under new draft regulations which are the next step towards the national harmonisation of occupational health and safety laws. Partner Peter Arthur (view CV) and Lawyer Jonathan Adamopoulos report on new draft Regulations and...
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Woolworths Limited v Strong & Anor [2010] NSWCA 282 Issue: Whether the test of causation in Shoeys Pty Ltd v Allan [1991] Aust Torts Reports 81-104 applied to the application of NSW CL Act s.5E (direct analogue of QLD CL Act 12). Campbell JA with whom Handley AJA and Harrison J concurred: [1] CAMPBELL JA:...
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Norton Rose Overview The Centennial case Accessorial Liability Penalty Action required Reproduced with permission of Norton Rose in accordance with their legal notice and disclaimers.
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Further to the Courier Mail article Jetset judges swap gavel for travel I refer you to the Bar Association’s letter to the Courier Mail.
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Norton Rose Overview The approach taken in developing the regulations and Codes What do the regulations and priority Codes of Practice deal with? A little more and a little less detail in regulations A change in the approach to the hierarchy of controls – for better or for worse? Penalties What you should now be...
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