Month

June 2014
ECS Group (Australia) Pty Ltd v Hobby [2014] NSWCA 193   Before Gleeson JA at [1]; Sackville AJA at [2]; McDougall J at [75]  Decision 1. Appeal allowed in part. 2. Cross-appeal dismissed. 3. Set aside Order 1 made by Mahony SC DCJ on 1 May 2013. 4. The parties file within seven days an...
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Last Updated: 20 June 2014   Article by Tiana Daly Watkins Tapsell I have written previously about the legislative changes to the Work Health and Safety Act and in particular the positive aspects of the changes being the defence available to Persons Conducting a Business or Undertaking (PCBU) in the event an accident occurs in the...
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Last Updated: 19 June 2014   Article by Stephen Booth Coleman Greig Lawyers   In a recent case involving the CFMEU and BHP Coal, the Federal Court had to consider an application by the CFMEU for two employees to be reinstated because the termination of their employment was said to be adverse action, taken for reasons...
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Thiess Pty Ltd v Industrial Magistrate Elizabeth Hall & Ors [2014] QCA 129 JUDGES:  Margaret McMurdo P and Holmes and Morrison JJA Separate reasons for judgment of each member of the Court, each concurring as to the orders made. ORDERS: 1. The appeal be dismissed. 2. The parties’ submissions on costs be received by the...
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Michail v Australian Alliance Insurance Company Ltd [2014] QCA 138 JUDGES:                      Margaret McMurdo P and Gotterson JA and Dalton J Separate reasons for judgment of each member of the Court, each concurring as to the orders made. ORDERS:                      Dismiss the appeal and order that the appellant pay the respondent’s costs. CATCHWORDS:   INSURANCE – MOTOR...
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25 June 2014 In this issue: we look at the circumstances where a court may not grant an injunction to restrain an employee from working with a competitor; the Fair Work Commission’s position on legal representation; a case that helps clarify when restructuring roles will create genuine redundancy; whether a gift to employees who worked...
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Murray v Nominal Defendant [2014] QDC 144 A useful discussion about the meaning of the word “proper” in s.31(2) of the Motor Accident Insurance Act 1994, following its amendment. Otherwise, Farr DCJ found the plaintiff to be unimpressive together with his ‘corroborating’ spouse and preferred Dr Dickinson to Dr Campbell. The claim was dismissed on...
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Williams v Commonwealth of Australia [2014] HCA 23 (19 June 2014) Further to my earlier post – round 2 – I refer to the High Court judgment summary and the invalid appropriation enactment. Brisbane Barrister – David Cormack
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Hamey v Mac Services Group Pty Ltd & Anor [2014] QDC Further to my earlier post regarding Kovacic v Local Government WorkCare [2013] QSC 256 McGill DCJ recently applied Henry J’s reasoning and required the limitation application to be made before the compulsory conference: [10] As to the former point, this was dealt with directly...
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Johnson & Anor v Hancock [2014] QCA 130 McGill DCJ Knew or ought to have known [19] It will be apparent therefore that I have significant concerns about the credibility of the defendants. On the whole I was not impressed with either of them in the witness box, and neither struck me as a particularly...
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