Month

June 2013
Kakavas v Crown Melbourne Limited [2013] HCA 25 (5 June 2013) I refer you to the judgment summary.   David Cormack – Brisbane Barrister
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Crinion v IG Markets Ltd [2013] EWCA 587   Lord Justice Underhill : 11. Although I have thought it right to go into some detail in explaining what changes the Judge made to Mr Chirnside’s document in creating his judgment, it is important not to lose sight of the fact that the overall impression on...
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Bootle v Barclay [2013] NSWCA 142 Sackville AJA: The Primary Judgment 14. It appears that a good deal of argument was devoted at the trial to whether the Bootles owed a non-delegable duty of care to the Barclays on the principles stated by the High Court in Burnie Port Authority v General Jones Pty Ltd...
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State of NSW v Kable [2013] HCA 26 (5 June 2013) Constitutional law – Judicial power – Respondent detained pursuant to order of Supreme Court of New South Wales made under Community Protection Act 1994 (NSW) (“CP Act”) – CP Act subsequently held invalid – Respondent sought damages for false imprisonment – Whether order of...
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To support the model Work Health and Safety Act, Safe Work Australia has released a draft model Code of Practice for Preventing and Responding to Workplace Bullying for public comment. The draft model Code of Practice is accompanied by a Workers Guide to managing workplace bullying. A Consultation Regulation Impact Statement on the model Code...
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WCRA: definition of worker has changed: On 05/06/2013 the amendment to the definition of worker in the Workers’ Compensation and Rehabilitation Act 2003 passed: “Section 11(1)— omit, insert— (1) A worker is a person who— (a) works under a contract; and (b) in relation to the work, is an employee for the purpose of assessment...
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Hoffmann v Boland [2013] NSWCA 158   45. This is a very sad case. A baby, aged just under six months, suffered serious and apparently permanent injuries when her grandmother fell down the staircase while carrying the baby. The accident happened at about 5.30 am on 25 January 2006, at a holiday home owned by...
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Thiess Pty Ltd v Industrial Magistrate Elizabeth Hall & Ors [2013] QSC 130   JUDGE: Boddice J ORDER: The application is dismissed. I shall hear the parties as to the form of orders, and as to costs. CATCHWORDS: MAGISTRATES – GENERALLY – POWERS AND DUTIES – IMPLIED OR INHERENT POWERS – where the third respondent...
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Lee v Chai [2013] QSC 136   JUDGE: Peter Lyons J  ORDER:                                                                                       ...
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King v Western Sydney Local Health Network [2013] NSWCA 162 Catchwords TORTS – negligence – breach of duty owed by hospital to newborn child – mother attends hospital – risk of mother developing chicken pox while pregnant – breach – risk to mother and child if mother developed chicken pox – failure to advise mother...
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