Month

November 2014
  Liverpool Catholic Club Ltd v Moor [2014] NSWCA 394 [This headnote is not to be read as part of the judgment] On 14 January 2009, the respondent attended an ice rink located in a sporting complex occupied by the appellant. While the respondent was wearing skating boots which he had hired from the appellant, he...
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Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] HCA 41 (16 October 2014) I refer you to the summary judgment. The CFMEU claimed BHP contravened section 346(b) of the Fair Work Act, which prohibits terminating an employee because the employee participated in industrial activity. Mr Doevendans, a union delegate, was terminated from his...
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Comcare v John Holland Pty Ltd [2014] FCA 1191 Siopis J helpfully analysed the competing interests when dealing with a guilty plea under OHS legislation which imposes a ‘civil penalty’ by reference to comparative practices in criminal law matters. His Honour noted some comparative issues, but also distinguishing features. As to the practice of agreed...
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Coote v S & P Jackson Pty Ltd [2014] NSWCA 385 [This headnote is not to be read as part of the judgment] In 2006 Mr Matthew Coote, the appellant, was employed by Boral Construction Materials Group Ltd (“Boral”) as a plant operator at an asphalt batching plant in Coffs Harbour. In about June 2006,...
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Kuczborski v Queensland [2014] HCA 46 (14 November 2014) I refer you to the judgment summary. David Cormack – Brisbane Barrister & Mediator
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Reproduced with the permission of Queensland Advocacy Incorporated (QAI): QAI formed part of the Australian NGO Delegation reporting to the 53rd session of the United Nation’s Committee Against Torture in Geneva this week, calling upon the Australian Government to take immediate steps to halt ongoing human rights abuses in Australia.  At issue was the treatment of...
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Australian Leisure & Hospitality Group Pty Ltd v Simon Blackwood (Workers’ Compensation Regulator) & Campbell [2014] QIRC 105 Given the festive season is upon us, it is timely to reflect on the phrase “in the course of employment” in s.32 of the Workers’ Compensation and Rehabilitation Act 2003. The employer appealed the decision of the...
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Coote v S & P Jackson Pty Ltd [2014] NSWCA 385 A reminder that just because a serious accident happens at work does not necessarily mean that breach and causation will be established. Competing probabilities that lead to conjecture is not enough. Macfarlan JA with whom Barrett and Leeming JJA concurred: 21. Logically, and consistent with...
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Bakhit v Brisbane City Council [2014] QDC 240 The applicant sought declarations in relation to “entitlement” and “compliance” under the Workers Compensation and Rehabilitation Act 2003, together with costs. The application was complicated by the applicant not being able to understand English; having provided several dates for the putative back injury and lodging a review of...
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Lorrimar v Serco Sodexo Defence Services Pty Ltd [2014] NSWCA 371 As this appeal demonstrates, the staged approach in the Civil Liability Act requires an identification of the “risk of harm” in the first instance. McColl JA with Macfarlan JA and Tobias AJA concurring: 89. As I have said, the appellant was injured at the RAAF...
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