Month

March 2014
McInnes v Peninsula Support Services Inc [2014] FWCFB 1440   I refer you to the judgment summary of this important decision:   [1] The issue for determination in this matter was whether the Commission has jurisdiction to hear and determine an application for an order to stop bullying which was based on alleged bullying conduct...
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Smith v Croote Pty Ltd [2014] NSWCA 35 (Meagher JA at [1]; Ward JA at [4]; Emmett JA at [5].)   Catchwords TORTS – negligence – dangerous premises – injuries to persons entering premises – whether hotel proprietor and security provider liable   Emmett JA (Meagher and Ward JJA agreeing): 1 MEAGHER JA: This is...
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Electricity Generation Corporation v Woodside Energy Ltd [2014] HCA 7   FRENCH CJ, HAYNE, CRENNAN AND KIEFEL JJ.   35. Both Verve and the Sellers recognised that this Court has reaffirmed the objective approach to be adopted in determining the rights and liabilities of parties to a contract. The meaning of the terms of a...
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Association for the Teaching of English Inc (VATE) v Debra de Laps [2014] FWCFB 613   This decision clarifies the role of a support person during disciplinary procedures and the inter relationship with procedural fairness and advocacy.   Brisbane Barrister – David Cormack
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Pollock v Thiess Pty Ltd & Ors [2014] QSC 22   [1] McMeekin J: There are two applications before the Court. They each concern a defendant’s desire to withdraw admissions, alleged deemed admissions resulting from a very poorly drawn pleading in the case of the second defendant, and admissions following on from a failure to...
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Smith v Abhishek & Anor [2013] QDC 332 A driver whose car was T-boned at a Rochedale intersection gave “less than satisfactory evidence” and was “less than forthcoming about her traffic history and some employment disciplinary matters”. Read more… Reproduced with the permission of Carter Capner Law. Brisbane Barrister – David Cormack
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Nucifora & Another v AAI Limited [2013] QSC 338 His Honour McMeekin undertook an analysis of the principles of loss of earning capacity under Section 55 of the Civil Liability Act 2003 (CLA) where the plaintiff had suffered no past loss of earnings and had in the preceding two years increased his earnings. His Honour...
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Fetu v Northern Iron and Brass Foundry Pty Ltd [2013] QDC 093   Video surveillance of a machine operator who continued to wear a sling after being told by his treating doctors to discard it, has produced mixed outcomes for his frozen shoulder injury compensation claim. Read more…   Reproduced with the permission of Carter...
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