Month

December 2011
Further to the commencement of the Work Health & Safety Act 2011 on 1 January 2012, I refer you to the following interpretative guides on: The meaning of ‘person conducting a business or undertaking.’ The health and safety duty of an officer. The meaning of ‘reasonably practicable’. Brisbane Barrister – David Cormack  
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 Amaca Pty Ltd v Booth; Amaba Pty Ltd v Booth [2011] HCA 53 (14 December 2011) Further to earlier postings regarding Booth, I refer you to the High Court summary and note the majority dismissed the appeal, with the exception of Heydon J. The issue for determination was whether the trial judge’s rationale, which was...
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In this issue: we look at work health and safety laws harmonisation; redeployment obligations in a redundancy; employer rights to determine where on-site union meetings are held; and whether asserting a right under an employment contract can ground an adverse action claim. Key issues in OHS harmonisation Reasonable to redeploy to lower paid and lower...
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 Duck v Woolworths Ltd [2011] QDC 312 Initially liability and quantum were in issue, but ultimately quantum was only in contest and in particular, the plaintiff’s prior back and ankle injuries, together with a recurrence of his back injury post the work related incident with Woolworths. Tellingly against the plaintiff Andrews SC, DCJ found the...
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 Maroney v Qantas Airways Limited [2011] QDC 308 This matter provides an example of matters to be considered when seeking a claimant/plaintiff undergo an IME in circumstances post compulsory conference, where a ‘new’ injury is disclosed. Brisbane Barrister – David Cormack
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Automotive, Food, Metals, Engineering, Printing And Kindred Industries Union v Visy Packaging Pty Ltd (No 2) [2011] FCA 953 Murphy J held in an injunction application there was a strong prima facie case that the tagging and locking out of 2 forklifts was for safety reasons, in which case Visy in issuing the “final warning” letter...
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Sanders v The Nominal Defendant [2011] QSC 391 In circumstances where the Nominal Defendant raised non-compliance based on the failure to identify the provider number in the medical certificate, Boddice J found that their failure to further respond at the expiration of the time period pursuant to s. 39(1)(b) of the Motor Accident Insurance Act...
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Construction, Forestry, Mining & Energy Union v BM Alliance Coal Operations Pty Ltd & Ors [2011] QSC 381 Issue: Both the Construction, Forestry, Mining and Energy Union (“CFMEU”) and the BM Alliance Coal Operations Pty Ltd (the coal mine operator at Gregory), BHP Coal Pty Ltd (the employer of labour at Gregory) and Michael Nucifora...
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Bleats newsletter – Christmas 2011 Brisbane Barrister – David Cormack
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Further to my earlier posting, I refer you to the appeal: Amaca Pty Ltd v Hicks [2011] NSWCA 295. The main issues were the late admission of the report of Professor Breslin and gratuitous care pursuant to s 15 of the Civil Liability Act 2002 (NSW), which provides for the maximum amount of damages that...
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