Month

May 2011
 Norton Rose Introduction Effect of the legislation Implications Excluded Proceedings Conclusion Reproduced with permission of Norton Rose in accordance with their legal notice and disclaimers.
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Insight Vacations Pty Ltd v Young [2011] HCA 16 (11 May 2011) I refer you to the summary of the judgment in relation to the facts and issues, and in particular, whether a contract made pursuant to s.5N of Civil Liability Act 2002 (NSW) limiting liability for “recreational services” extra territorially could exclude the operation of...
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Uzsoki v McArthur [2011] QDC 60 The plaintiff claimed her massage therapist had misrepresented his qualifications as to “counseling”, had inappropriately advised her on personal relationships and engaged in sexual behaviour & massage during a period from 1995 to 1999. Read more of the article. Reproduced with the permission of Carter Capner Law.  
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As part of the expected harmonisation of workplace health and safety laws to commence on 1 January 2012, the Work Health and Safety Bill 2011 was introduced to parliament on 10 May 2011. It will be known as the Work Health and Safety Act 2011. It is based on the model legislation and there are...
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Braysich v The Queen [2011] HCA 14 (11 May 2011) I refer you to the summary of the judgment in relation to the facts. A central issue for determination was the use of evidence of “good character” in a criminal trial, which is helpfully review by French CJ, Crennan and Kieffel JJ. The evidence of...
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Allens Arthur Robinson In brief: The NSW Court of Appeal has upheld a decision in which a plaintiff was granted leave to join the defendant’s insurer as an additional party to proceedings. This is potentially beneficial for plaintiffs and problematic for insurers. Partner Michael Quinlan (view CV) and Lawyer Andrew Lazzaro report. Background The decision...
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Bauer Foundations Australia Pty Ltd v President of the Industrial Court of Qld & Anor [2011] QSC 103 A further example of the application of Kirk v Industrial Relations Commission of New South Wales [2010] HCA 1; (2010) 239 CLR 531 in a judicial review application, albeit without success. The defendant in this instance was...
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Allens Arthur Robinson In brief: Although recently tested in the High Court, the issue of whether copyright exists in a compilation remains difficult to define and ultimately involves a consideration of intellectual input. Partner Tim Golder (view CV) and Law Graduate Courtney McLennan look at a case where the Federal Court displayed a certain latitude...
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 Kuhl v Zurich Financial Services Australia Ltd [2011] HCA 11 (4 May 2011) In what is now somewhat uncommon, the High Court divided 3/2 in the decision allowing the appeal. Heydon, Crennan and Bell JJ (the majority) allowed the appeal in respect of duty in negligence and breach flowing from a personal injuries claim. The plaintiff’s...
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State of Qld v Heraud & Anor [2011] QSC 96 Issue: whether the acceptance of a lump sum irrevocable offer pursuant to the Workers’ Compensation and Rehabilitation Act 2003 (WCRA) extinguished the right to claim damages pursuant s.6 of the Personal Injuries and Proceedings Act 2002 (PIPA), in circumstances where the State of Queensland was...
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