Month

February 2011
Australian Licensed Aircraft Engineers Association v Qantas Airways Ltd & Anor [2011] FMCA 58 Raphael FM Introduction 1. Luke Murray is a licensed aircraft maintenance engineer (“LAME”) employed by Qantas Airways Ltd at its Brisbane facilities. He is a member of the Australian Licensed Aircraft Engineers Association (“ALAEA”), whose employment is regulated by the provisions...
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Allens Arthur Robinson In brief: The Full Federal Court recently handed down its appeal decision overturning the trial judge, and finding that Fortescue Metals Group misled the market and failed to comply with its continuous disclosure obligations in connection with announcements to the ASX and the media in 2004. Partner Richard Harris (view CV) ,...
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I refer you to the article appearing in Yahoo!7 and the decision of Mill v R [1988] HCA 70; (1988) 166 CLR 59 at paragraph 16, which explains the totality rule with interstate cross jurisdictional offending. Judge Andrews S.C premised the sentence on the basis that if all the offending conduct, including the Northern Territory offences, were...
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Felhaber v Rockhampton City Council [2011] QSC 023 McMeekin J The plaintiff on 17 September 2002 when aged 17 years was rendered a quadriplegic when he fell from a rope swing from the bough of a tree into the Fitzroy River. The quantum of damages was agreed at $5 million, however, liability against the council...
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I refer to my earlier posting setting out the decision. The following is a useful summary. Norton Rose Barclay v The Board of Bendigo Regional Institute of Technical and Further Education [2011] FCAFC 14 Summary Facts The majority decision The minority decision Implications Reproduced with permission of Norton Rose in accordance with their legal notice...
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Hargans v Kemenes & anor [2011] QSC 15 Ann Lyons J [1] The applicant seeks, by an application filed on 20 December 2010, an extension of the period for commencing legal proceedings pursuant to s 31(2) of the Limitation of Actions Act 1974 (Qld). [2] The plaintiff filed a claim for damages for negligence in...
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Hansen Yuncken Pty Ltd v Ian James Ericson trading as Flea’s Concreting & Anor (No 2) [2010] QSC 457 Allens Arthur Robertson The Supreme Court of Queensland has applied the balance of convenience test and ordered an applicant (which had the benefit of an earlier restraining order that prevented a respondent enforcing an adjudication determination...
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Allens Arthur Robinson In this issue: we look at the need for an employer to act upon its contractual obligations regarding performance bonuses; protected action ballot orders; drug and alcohol testing; proving an employee’s dismissal is not for an unlawful reason; and damages resulting from an employer giving misleading information.  The matter of contract terms Unions get protected...
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Morris v Protec Pty Ltd & Anor [2010] QDC 504 No step taken in his client’s contract claim for more than four and a half years proved fatal in an application made by a Toowoomba solicitor for leave to proceed under UCPR rule 389. Read more of the article. Reproduced with the permission of Carter...
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