Month

October 2011
Australian Securities and Investments Commission v Hellicar & Ors; Shafron v Australian Securities and Investments Commission [2011] HCATrans 293 (25 October 2011) Australian Securities and Investments Commission v Hellicar & Ors; Shafron v Australian Securities and Investments Commission [2011] HCATrans 294 (26 October 2011) Australian Securities and Investments Commission v Hellicar & Ors; Shafron v...
Read More
Rossi v Westbrook and Anor [2011] QSC 311 Liability was admitted in this ‘whiplash’ styled claim. The plaintiff’s credibility as to the extent of her impairment, pain or functionality was not believed. On this basis no award was made for gratuitous care or lost income or capacity. In addition, applying the rule in Jones v...
Read More
Heydon J was critical of the legislature amending the legislation even before the decision was delivered in the controversial decision setting aside the convictions flowing from Centrelink charges in Commonwealth Director of Public Prosecutions v Poniatowska [2011] HCA 43 (26 October 2011) (see: summary). The rationale for it being that an omission of a physical...
Read More
Syntech Resources Pty Ltd v Peter Campbell Earthmoving (Aust) Pty Ltd & Ors [2011] QSC 293 I refer to earlier postings regarding Kirk; N.K Collins and more recently Thiess in relation to jurisdictional error in the purview of judicial reviews and the supervisory role of the Supreme Court. The Supreme Court of Queensland has held...
Read More
Merck Sharp & Dohme (Australia) Pty Ltd v Peterson [2011] FCAFC 128 I refer to my earlier posting on the trial decision together with Amaca Pty Ltd v Ellis; Tabet v Gett and Seltsam Pty Ltd v McGuiness [2000] NSWCA 29; (2000) 49 NSWLR 262, which were applied. In so doing the “but for” test...
Read More
 State of Queensland v Heraud [2011] QCA 297 I refer to my earlier posting and note the Court of Appeal has upheld the appeal of the State of Queensland. The decision helpfully examines whether government departments are separate entities capable of being sued. The finding by the court that the Department of Public Works who...
Read More
Norton Rose Enterprise Update – Full Bench rules contracting out restrictions, union entry and union recognition clauses lawful in enterprise agreements   Introduction The contracting out clause The entry clause The union recognition clause Key points for employers View all pages   Reproduced with permission of Norton Rose in accordance with their legal notice and...
Read More
 Further to my earlier posting regarding the DDT decision of Booth (and Special Leave being granted) I draw your attention to the hearing transcripts: Amaca Pty Limited (Under NSW Administered Winding Up) v Booth & Anor; Amaba Pty Limited (Under NSW Administered Winding Up) v Booth & Anor [2011] HCATrans 276 (4 October 2011) Amaca...
Read More
Hicks v Amaca Pty Limited [2010] NSWDDT 16 Kearns J’s assessment of quantum for asbestosis in this matter is an example of the higher allowance given for General Damages ($150,000) in the DDT. In this instance, the plaintiff: ·         was aged 66 years; ·         had a significant smoking history; ·         had an assessed impairment of...
Read More
In brief: A new national register for business names is to be established, to replace the inconvenient and costly state-based systems that are currently in operation. Partner Tim Golder (view CV) and Law Graduate Claire Agius report. Overview Existing business names Key features of the new system Are fewer business names available under the new...
Read More
1 2 3

Recent Comments

    Categories