Month

July 2013
From 1 July 2013: the High Income Threshold under the Fair Work Act increased to $129,300; the compulsory superannuation guarantee contribution rate increased to 9.25% of ordinary time earnings; and the maximum amount of compensation payable for unfair dismissal is capped at $64,650. Brisbane Barrister – David Cormack
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Body v Mount Isa Mines Limited & Ors [2013] QSC 188   JUDGE: Boddice J ORDER: I shall hear the parties as to the appropriate orders, and as to costs. CATCHWORDS: PROCEDURE – SUPREME COURT PROCEDURE – QUEENSLAND – PROCEDURE UNDER UNIFORM CIVIL PROCEDURE RULES AND PREDECESSORS – PLEADING – STATEMENT OF CLAIM – where...
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Toll North Pty Ltd AND Q-COMP & Anor (B/2013/32) DECISION [1] Toll North Pty Ltd, the Applicant in this matter, is a licensed self-insured employer under the Workers’ Compensation and Rehabilitation Act 2003 (“WCR Act”). [2] On 28 November 2012, the Applicant received an application for compensation from Mrs Fiona Anne Lamb (“the claimant”) on...
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  Article by Stephen Trew and Jennifer T Teh Holding Redlich In the recent case of Szanto v ISS Facility Services Pty Ltd [2013] FWC 3270, the Fair Work Commission (FWC) has provided some clarification of when a “job” is no longer required to be performed by anyone for the purposes of determining the entitlement...
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In this issue: we look at the risks of dismissing an  employee on the basis of a sham redundancy; the need to clearly document changes  to employment arrangements; when legal representation before the Fair Work  Commission will not be granted; an employer’s duty of care in relation to  workplace bullying; and a case illustrating the...
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Article by Ross Donaldson Colin Biggers & Paisley   In brief – Action Paintball successfully appeals award of damages The Court of Appeal has given guidance as to the scope of risk warnings under the Civil Liability Act 2002 (NSW) to exclude a duty of care. The decision assists the providers of recreational services as...
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Hillman v Ferro Con (SA) Pty Ltd (in liquidation) and Anor [2013] SAIRC 22   July 2013 Author: Siobhan Flores-Walsh   Occupational health, safety and security Introduction An unsafe system A lack of contrition What is the legal status of Insurance Policies that Insure the Consequences of Breaching the WHS Act (Relevant Insurance)? Key Lesson...
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Cox v Fellows [2013] NSWCA 206   Decision: (1) Appeal be dismissed. (2) Appellant to pay the respondent’s costs. Catchwords: TORTS – negligence – breach of duty – medical practitioner – laparoscopic cholecystectomy – whether surgeon departed from the usual standard of care TORTS – negligence – causation – medical practitioner – s 5D Civil Liability...
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Swan v Monash Law Book Co-operative [2013] VSC 326   JUDGE: DIXON J DATE OF JUDGMENT: 26 JUNE 2013 CATCHWORDS: TORT – Negligence – Duty of care – Psychiatric injury – Workplace bullying – Scope of duty of care – Reasonable foreseeability – Employee complaints to employer of bullying conduct by another employee (manager) –...
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Action Paintball Games Pty Ltd (In liquidation) v Barker [2013] NSWCA 128   Decision: Interlocutory orders:(1) Upon the agreement of the parties as to indemnity as to the respondent’s costs, grant the appellant leave to proceed in relation to this appeal pursuant to s 471B of the Corporations Act 2001 (Cth), such leave to be...
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