Month

March 2013
ASIC v Ingleby [2013] VSCA 49 Issue: Approach to agreed penalty taken in NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission [1996] FCA 1134; (1996) 71 FCR 285 and Minister for Industry, Tourism and Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72 doubted. Weinberg JA with whom Harper JA and...
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Authors Stuart Kollmorgen, Leanne Nickels, Diana Diaz Introduction Do employment contracts need to be reviewed as a result? Superannuation guarantee charge Other considerations   Reproduced with permission of Norton Rose Fulbright in accordance with their legal notice and disclaimers.
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Heywood v Commercial Electrical Pty Ltd [2013] QSC 52 The plaintiff was injured on 17/10/2008 when descending a ladder he severed his ulnar nerve on a sharp piece of scrap metal. His claim was dismissed, in part by reference to the expert reports and by regard to the test of foreseeability, finding it was an...
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Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 A useful review of the authorities where a decision maker fails to address a material issue or material evidence and whether it amounts to a constructive failure to exercise jurisdiction. Basten JA 8. The belated formulation of this ground appears to have owed something to the...
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Assistant Commissioner Michael James Condon v Pompano Pty Ltd [2013] HCA 7 (14 March 2013) I refer you to the summary in the first instance. The decision turns on the interpretation of the Criminal Organisation Act 2009 (Q), ss 8–10, 63–66, 70, 71, 76–78, 80, 82, 106 in relation to the Constitution, Ch III. It...
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Suncorp Metway Insurance Ltd v Kilner [2013] QCA 42 Fraser and Gotterson JJA concurred with Muir JA. In issue was the adequacy of primary judge’s reasons for: preferring the evidence of Dr Lotz as opposed to Dr De Leacy, together with preferring Dr Pentis to Dr McPhee; the credit of the plaintiff/respondent. The appeal was...
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Muckermann v Skilled Group Limited & Anor [2013] QSC 51 Issue: whether the injury (psych-major (sic) depressive disorder) assessed under s.179 of the Workers’ Compensation and Rehabilitation Act 2003 was the assessed injury as described in the Notice of Claim for Damages. A declaration by the plaintiff was sought because the insurer submitted it was...
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Withyman (by his tutor Glenda Ruth Withyman) v State of New South Wales and Blackburn; Blackburn v Withyman (by his tutor Glenda Ruth Withyman) [2013] NSWCA 10 Some useful observations on credit and the interplay with contemporaneous notes and reconstruction of events: Allsop P 65. Mr Morris submitted that the blunt “Browne v Dunn” question...
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Origin Energy LPG Ltd v BestCare Foods Ltd [2012] NSWCA 407 I refer you to the discussion on the analogue to s.23 of the Civil Liability Act 2003 (Qld) regarding contributory negligence and knowledge. Macfarlan JA at [1] Hoeben JA at [2] Ward JA at [221] 209. As indicated, the appellants only relied upon one...
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Dodge v Snell [2011] TASSC 19 Issue: whether a professional sportsperson fell within the exclusion of dangerous recreational activities. Wood J Discussion 257 The consideration of the meaning of the CL Act, s19, will begin with considering the natural and ordinary meaning of the words in their context. The definition of “recreational activity” is inclusive...
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