Month

June 2011
Walker v Allen & Anor [2011] QSC 131 Issues: Quantum only. The 19 year old plaintiff was awarded $5, 000.00 for General Damages on the basis of Dr Gillett’s report, which did not find a physical impairment, but assessed a 3% impairment for function related to pain in the lumbar spine. Daubney J accepted the evidence...
Read More
Recent events in the United Kingdom have seen super-injunctions being undermined by social media. Partner Miriam Stiel talks to Boardroom Radio about super-injunctions in a social media world and the lessons Australian businesses can learn from the case. To hear Miriam’s interview, go to https://www.aar.com.au/med/audio.htm Reproduced with permission of Allens Arthur Robinson and in accordance...
Read More
Fair Work Ombudsman v Wongtas Pty Ltd [2011] FCA 633 In an adverse action claim for discrimination initiated by the FWO, preliminary issues of its standing and the application being out of the 60 day time limit were raised. The issues were resolved in favour of the FWO. Brisbane Barrister – David Cormack
Read More
Norton Rose Introduction Overview Germany Australia Great Britain South Africa Canada Conclusion View all pages View individual pages Introduction by Richard J. Charney, Madeleine L.S. Loewenberg, Karen Ainslie, Claire Darbourne, Paul Griffin, Katrin Scheicht, Leanne Nickels Complying with human rights legislation has become particularly important for multinational corporations. In a world where business transactions often...
Read More
Arthur Allens Robinson Johnson v Triple C Furniture & Electrical Pty Ltd [2010] QCA In brief: A recent decision of the Queensland Court of Appeal raises questions about the scope of section 54 of the Insurance Contracts Act 1984. Partner Michael Quinlan (view CV) and Law Graduate Janis Dunnicliff report. Background The decision Comment Reproduced...
Read More
Further to the growing development of FWA adverse action claims, the decision of Australian Licenced Aircraft Engineers Association v International Aviations Service Assistance Pty Ltd [2011] FCA 333 highlight its application in a dismissal claim, resulting in compensation of $84,892.58, together with a subsequent pecuniary penalty of $10,000 and costs.   Brisbane Barrister – David...
Read More
I refer you to the example of Quinlivan v Norske Paper Mills (Australia) Ltd [2010] FWA 883 (valid reason, but harsh) and compare it with Darvell v Australian Postal Corporation [2010] FWAFB 4082 (failure to follow a reasonable direction). A further example of balancing “harshness” with a valid reason is the decision of Lawrence v...
Read More
Harry Zoumas v TNT Australia Pty Ltd T/as TNT Express [2011] FWA 3065 (valid reason) Paul L Quinlivan v Norske Paper Mills (Australia) Ltd [2010] FWA 883 (valid reason, but harsh) Stuart Rollo v Serco Traffic Services (Vic) Pty Ltd FWA 3224 (valid reason) Brisbane Barrister – David Cormack
Read More
Allens Arthur Robinson Mitchell v Pacific Dawn Pty Ltd [2011] QCA 98 The Queensland Court of Appeal has affirmed that a threatened breach of contract may amount to normal commercial negotiations if the party exerting the pressure does so in good faith and on a reasonable and honest view of its legal rights. On the...
Read More
McDonald v Holy Spirit Care Services Ltd & Anor [2011] QDC 78 Issues: in the event of compliance with the compulsory steps and there remained 14 days in which to commence proceedings, whether Section 59 of PIPA applied and, secondly, in circumstances where the parties had agreed to extend the limitation periods, whether that was...
Read More
1 2 3 4

Recent Comments

    Archives

    Categories