Month

April 2012
Moder v Commonwealth of Australia; Sochorova v Commonwealth of Australia [2012] QCA 92 Another example of a claim against the Commonwealth wherein such part of the claim which related to personal injuries, which had not complied with the Personal Injuries Proceedings Act 2002 (Qld) was dismissed. Furthermore, in this instance, the plaintiff claimed an award...
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Hosmer v Cook Shire Council [2012] QSC 91 Issues: quantum and the extent to which the plaintiff’s pre-existing degenerative condition of his lumbar spine, previous incidents, exaggeration/malingering and concealment of working for a short period of time impacted his damages.  Overview: the plaintiff injured himself working for the council whilst driving “dumpy” pegs into hard...
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Smith v Body Corporate for Professional Suites [2012] QDC 49 Issues: liability and quantum – in particular whether there was a breach of duty to ‘audit’ the glass and comply with later Australian Standards and apportionment for being intoxicated. Overview: the plaintiff on Friday 21 December 2001 returned to her work building at about 8:30pm...
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In this issue: we look at the findings of the Federal Court in a sexual harassment case; the issues relevant to the enforceability of restraint clauses; what level of responsibility companies may have for the employees of their sub-contractors; and the issue of procedural fairness in dismissal processes. Federal Court vindicates senior bank employees Two-year...
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 Cooper v. Western Area Local Health Network [2012] NSWADT 39 The decision by the NSW Administrative Tribunal regarding s.77 of the Anti-Discrimination Act 1977 (NSW) is of interest in their finding that the employer was not liable for the once off conduct of Mr Locke an employee who provided a colleague with sexually explicit material....
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Baiada Poultry Pty Ltd v The Queen [2012] HCA 14 (30 March 2012) I refer you to the judgment summary which provides an overview of the facts. Further to my earlier postings regarding the commencement of the Work Health & Safety Act 2011 on 1 January 2012 and the requirement for prosecution to prove “reasonably...
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Kirwin v -v- The Pilbara Infrastructure Pty Ltd [2012] WASC 99 Issues: when is it reasonable to rely on someone else in performance of a duty owed by the principal? Occupational Safety and Health Act 1984 (WA), s 3, s 19(1) and s 23(G) – ss 19 and 23(G) “…so far as is practicable” –...
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The requirement to take ‘genuine steps’ to settle disputes: application of the new Civil Dispute Resolution Act 2011 (Cth) April 2012 Authors Stephen Klotz, Hamish McNair The recent Federal Court decision of Superior IP International Pty Ltd v Ahearn Fox Patent and Trade Mark Attorneys [2012] FCA 282 provides the first substantial insight into how...
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Norton Rose Fulbright Authors Jacinta Studdert, Amelia Dixon-Weidner, Sarah Ralph, Nancy Mudditt, David Guthrie, Allison Hunt, Adrian Wong, Ben Allen, Hamish McNair, Adrian D’Amico, Nick Beresford-Wylie, Susan Rose, Ashley Tsacalos, Vince Sharma, Edward Campbell, Keith Redenbach, Vanessa Verzi Welcome to the March edition of the Public law report for 2012, which provides essential updates for...
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