Month

February 2014
Victorian Association for the Teaching of English Inc v de Laps [2013] FWC 4163 The decision by the Full Bench of the Fair Work Commission is a useful review of the authorities on employer initiated or constructive dismissals based on allegations of not affording procedural fairness. The employer was successful. The decision highlights how such...
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February 2014 In this issue: we look at a union’s contravention of the general protection laws; new legislation that will expand the powers of the federal building industry regulator; the Fair Work Commission’s ruling on urine testing and its implications for employers; a Fair Work Commission ruling affirming reinstatement as the primary remedy in cases...
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Barbaro v The Queen; Zirilli v The Queen [2014] HCA 2 (12 February 2014)   The appellant submitted the sentence was unfair because the judge refused to hear submissions as to sentence from the prosecution. The plea had been previously entered on the basis of the range of sentence discussed with the prosecution. The High...
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From 1 January 2014 a worker who is eligible under the Fair Work Act 2009 (Cth) may apply to the Fair Work Commission for an order to stop bullying at work or from continuing. It is not an avenue for compensation or reinstatement, other avenues are available for such courses of action.  I refer you...
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State of Queensland v Kelly [2014] QCA 27 Further to my earlier post, the Court of Appeal dismissed the appeal by the defendant in relation to finding of obvious risk within the meaning of s 13 of the Civil Liability Act 2003 (Qld). Fraser JA delivered the leading judgment with Philippides and Henry JJ concurring:...
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The Trust Company Limited v Gibson & Anor [2012] QSC 183   The decision of her Honour Mullins J is significant in its departure from previous Queensland decisions. Mullins J preferred the reasoning in RL v NSW Trustee and Guardian [2012] NSWCA 39 and so held the sale of the matrimonial home to fund the...
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McKenna v Fraser & Anor [2014] QSC 14   The defendant submitted that s.11(3) of the Civil Liability Act 2003 (CLA) rendered inadmissible evidence of the plaintiff as to hypothetical considerations of earning capacity, which was premised on “had I not been injured”. His Honour Justice North held the limitation was in relation causation and...
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J & D Rigging Pty Ltd v Agripower Australia Limited & Ors [2014] QCA 23   The plurality of the court applied the Calderbank offer principles and the matters for discretion as enunciated in Hazeldene’s Chicken Farm Pty Ltd v Victorian WorkCover Authority (No 2) when considering whether the offer was “unreasonably or imprudently” rejected....
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JNJ Resources P/L v Crouch & Lyndon [2014] QSC 13 An important decision in considering whether a right existed and the distinction between actual loss and where it is contingent on other matters. Brisbane Barrister – David Cormack
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 Speech for the dinner following the opening of the law term service at the Great Synagogue Sydney: Chief Justice Allsop AO  … If a rule is drawn from common notions of civility, reason, fairness and justice, it is more likely to be accepted as just, and so deserving of loyalty. … Equal justice has been...
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