Month

September 2014
Commonwealth Bank of Australia v Barker [2014] HCA 32 (10 September 2014) The long awaited decision reversed the Full Federal Court’s decision. I refer you to the judgment summary and briefing by Allens: In brief: A landmark High Court decision has determined that a term of mutual trust and confidence is not necessary and should...
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Curtis v Harden Shire Council [2014] NSWCA 314 HEADNOTE [This headnote is not to be read as part of the judgment] On 20 August 2004, the appellant’s partner, Ms Paterson, was fatally injured when the car she was driving ran off the road and hit a tree. At the time of the accident, the respondent,...
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Doulis v State of Victoria [2014] VSC 395 NEGLIGENCE – Workplace injury – Psychiatric injury – Duty of care – Foreseeability – Content of duty to avoid psychiatric injury to employee – Terms of employment contract Ginnane J: The content of the duty of care that the defendant owed to Mr Doulis 519 In Koehler...
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Nominal Defendant v Bacon [2014] NSWCA 275 HEADNOTE [This Headnote is not to be read as part of the judgment] This judgment relates to an appeal from a decision of the District Court finding the Nominal Defendant liable for compensation to Ms Bacon for an injury suffered in a motor vehicle accident near Breeza. Ms Bacon’s...
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Cowan v Sargeant Transport Pty Ltd [2014] FWC 5330 Commissioner Bissett 387 Criteria for considering harshness etc. In considering whether it is satisfied that a dismissal was harsh, unjust or unreasonable, the FWC must take into account: (a) whether there was a valid reason for the dismissal related to the person’s capacity or conduct (including...
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Packer v Tall Ships Sailing Cruises Aust P/L & Anor [2014] QSC 212 A year end staff & family day trip to Stradbroke Island ended in a king hit from another passenger that knocked out and seriously injured one of the workers. Read more… Reproduced with the permission of Carter Capner Law. NB: appeal dismissed...
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