Month

May 2013
Virginia Nemeth (by her tutor) v Australian Litigation Funders Pty Ltd and Ors [2013] NSWSC 529   Judge Sackar J Decision See paragraph [328]. Catchwords CONTRACTS – heads of agreement – whether binding arrangement – use of extrinsic evidence in determining formation of contract – construction of contracts – use of extrinsic evidence in construction...
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Mokrzecki v Popham & Ors [2013] QSC 123     JUDGE: Philip McMurdo J ORDER: 1.  Paragraphs 35, 36, 38(b), 39, 54, 55, 57(b) and 58 of the third further amended statement of claim filed on 5 November 2012 take effect on and from 22 May 2012.2.  The application is otherwise refused. CATCHWORDS: PROCEDURE –...
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Oyston v St Patrick’s College [2013] NSWCA 135   Before Macfarlan JA at [1]; Barrett JA at [2]; Tobias AJA at [3] Decision Direct that the appeal be referred to the Registrar for the purpose of fixing a date for hearing of the outstanding issues of causation, damages and costs. Catchwords TORTS – negligence –...
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Baden Cranes Pty Ltd v Smith; Brambles Australia Ltd v Smith [2013] NSWCA 136   Before Basten JA at [1]; Ward JA at [87]; Tobias AJA at [88] Decision The Court directs that: (1) each party file and serve on each other party within three weeks of the date of this judgment a copy of...
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  On 14/03/2013 the Migration Amendment (Reform of Employer Sanctions) Act 2013 (Cth) amendment to the Migration Act 1958 (Cth) received the Royal Assent with substantive amendments to commence on 01/06/2013. The amendments create a new civil non-fault penalty section and in some instances criminal sanctions in relation to allowing or continuing to allow an unlawful non-citizen to work, in...
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In this issue: we report on union eligibility rules; what constitutes an offer of acceptable alternative employment; the consequences of an employee’s refusal of a settlement offer; an ATO ruling on ordinary hours of work; and whether a complaint about employment made to an employer can constitute a ‘workplace right’. Union eligibility rules = coverage...
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Acting CMC Chairperson appointed Thursday, May 16, 2013 Attorney General and Minister for Justice Jarrod Bleijie has announced Dr Ken Levy as Acting Chairperson of the Crime and Misconduct Commission. Mr Bleijie said the six month appointment was confirmed by the Governor In Council today. “Dr Levy will lead the CMC through what will be...
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Dovedeen Pty Ltd & Anor v GK [2013] QCA 116   JUDGES: Fraser and Gotterson JJA and Margaret Wilson J Separate reasons for judgment of each member of the Court, Fraser and Gotterson JJA concurring as to the orders made, Margaret Wilson J dissenting in part ORDERS: 1.     Grant leave to appeal 2.     Allow the...
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The Chair of the Committee, Mr Michael Crandon MP, Member for Coomera, tabled the committee’s Report No. 28 – Inquiry into the Operation of Queensland’s Workers’ Compensation Scheme. Notably, changes to the handling of psychological injury claims, including the “reasonable management action” defence; employee fraud prosecutions to be undertaken by QCOMP; and recommendation 28 –...
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Ogden v Britax Automotive Equipment Pty Ltd (ACN 007165442) [2013] QDC 83   JUDGE:   Farr SC DCJ ORDER:   The application is allowed. CATCHWORDS:   APPLICATION – disclosure – application successful – Uniform Civil Procedure Rules 1999 – rule 211(1) – whether respondent failed to mitigate his loss – summary dismissal – where respondent...
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