Legal Services Commissioner v Dempsey (No. 2) [2009] LPT 23 The Tribunal recommended Mr Dempsey be removed from the roll of legal practitioners in Queensland and pay compensation to Rafaela Oats in the sum of $17,232.72. The Tribunal made findings as follows: [3] The Tribunal is of the view that Mr Dempsey was not...Read More
The 2008–09 annual reports of the Australian Industrial Relations Commission and the Australian Industrial Registry are now available online following their tabling in the Parliament on 26 October 2009. Brisbane Barrister – David CormackRead More
The Bill was released to the House on 21 October 2009. Referral legislation has been passed by QLD, NSW, VIC, SA and it is expected the other States will follow. One of the purposes of the Bill is to replace charges under the Corporations Act 2001, although these provisions are yet to be released. It...Read More
De Ross v General Medical Assessment Tribunal & Anor [2009] QCA 327 His Honour Justice Keane, with whom Holmes and Fraser JJA concurred, dismissed the appeal of WorkCover Queensland, upholding the decision of the learned primary judge’s decision. Central to this discussion was whether failure by WorkCover to furnish articles provided by Mr de Ross’...Read More
Australian Maritime Officers’ Union, v Newcastle Port Corporation [2009] FWA 829 Vice President Watson applied the test in at paragraphs 31 & 32 of Total Marine Services Pty Ltd v Maritime Union of Australia [2009] FWAFB 368 as to whether there had been a genuine attempt to reach agreement: “[31] In our view the concept of genuinely...Read More
ABC news report – Company directors will face the risk of being personally prosecuted for workplace safety breaches if new national guidelines come into force. Brisbane Barrister – David CormackRead More
St George Bank Limited v Wright & Ors [2009] QSC 337 Justice McMurdo entered summary judgment in the amount of $47,763,997.46, in respect of an application brought by St George Bank Limited on guarantees and indemnities given. The defence in part was that the second tranche of the advance had not been made and accordingly the agreement not...Read More
Spain v Dipompo Jacs Constructions P/L & Anor [2009] QCA 323 The appeal by WorkCover Queensland and their insured was allowed in respect of the decision by the learned primary judge to extend the limitation. In particular His Honour Justice Keane relied on the evidence of the plaintiff’s sister in the Dr Ratnam’s notes to dismiss the...Read More
Andrews v Qld Racing Ltd [2009] QSC 338 Her Honour Justice Wilson delivered judgment on Friday night past. The case has attracted media attention with the personalities involved. Brisbane Barrister – David CormackRead More
Follow the report in The Daily Telegraph, which is of interest not only in respect of the fund, but cross claims brought by Amaca Pty Ltd (James Hardie’s liability company) against other manufacturers – see case below, where the amount of $350,000.00 was not recouped. Brisbane Barrister – David CormackRead More
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