Month

May 2015
Roads and Maritime Services v Grant [2015] NSWCA 138 The appellant public authority was successful on appeal in a number of respects including the immunity contained in the Civil Liability Act (NSW) (cf: ss.34-37 CLA Qld): Basten JA with whom the court agreed: The trial judge held that none of these omissions involved the exercise or...
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Selig v Wealthsure Pty Ltd [2015] HCA 18 (13 May 2015) I refer you to the judgment summary. Where there are multiple claims arising from the same facts, the High Court unanimously held that the defence of non-apportionable claims can be maintained, even if they are for the same loss. In this instance, Mr and...
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Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2015] FCAFC 59 The above CFMEU decision considered Barbaro v The Queen [2014] HCA 2; (2014) 305 ALR 323, which had previously been considered inapplicable to civil penalty matters and limited to criminal prosecutions. The Full Federal Court held that joint submissions...
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Perrins v Woolworths Limited (Unreported, District Court of Queensland, Botting J, 24/04/2015) The plaintiff was an employee of the defendant business and sought damages for pure psychiatric injury as a result of workplace bullying. Specifically, the plaintiff was twice offered management training with the view that he would then be considered for a management position...
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