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Anti Discrimination
Oaks Hotels & Resorts Limited v Knauer [2018] QCA 359  Fraser and Gotterson JJA and Bond J Further to the earlier posting regarding the Industrial Court decision, Ms Knauer pursued her former employer through the Queensland Civil and Administrative Tribunal (QCAT). In the Industrial Court appeal, the issue was whether the injury satisfied the definition in...
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Bunning v Centacare [2015] FCCA 280 On a strike out application Judge Vasta found that sexual behaviour and in particular, polyamorous behaviour is not akin to sexual orientation. The strike out application was allowed. David Cormack – Brisbane Barrister & Mediator
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Trolan v WD Gelle Insurance and Finance Brokers Pty Ltd [2014] NSWDC 185 An example of the cost of such claims, especially in lost income and future lost earning capacity: $285.000.00 for past loss and $353,812.00 for the future (15 years). 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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JK v State of New South Wales [2014] NSWSC 1084 Scott Cowell Partner Moray Agnew Overview The State of New South Wales (the State) successfully argued before the New South Wales Supreme Court (judgment delivered 14 August 2014) that QR (the teacher) should make a substantial contribution towards a consent judgment (the settlement) the State...
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Vergara v Ewin [2014] FCAFC 100 The trial finding by Bloomberg J included substantiation of the allegation of a contravention of s 28B(6) of the Sex Discrimination Act 1984 (Cth) of unwelcomed sexual intercourse, including: kissing; touching and stroking of the respondent’s body, her breasts and genitalia, which in all the circumstances, a reasonable person...
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Richardson v Oracle Corporation Australia Pty Ltd [2014] FCAFC 82 is of interest. It is an appeal decision following a decision pursuant to s 46PO(4)(d) of the Australian Human Rights Commission Act 1986(Cth) for sexual harassment at work. For similar matters (Anti-Discrimination Act 1991 (Qld) s.209 (1)(b)) or those matters where common law general damages are...
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Chivers v State of Queensland (Queensland Health)[2014] QCA 141 HUMAN RIGHTS – DISCRIMINATION – GROUNDS OF DISCRIMINATION – DISABILITY OR IMPAIRMENT – EMPLOYMENT – where in 2004 the appellant sustained a head injury from a horse riding accident – where in 2008 the appellant commenced a Graduate Nurses Program with the respondent – where a...
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Ewin v Vergara (No 3) [2013] FCA 1311 Bromberg J Aggravated and exemplary damages Aggravated and exemplary damages 675                     In Clarke v Nationwide News Pty Ltd (2012) 201 FCR 389 at [347], Barker J identified both the purposes of and the difference between aggravated damages and exemplary damages: Aggravated damages are given to compensate...
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Owen v Menzies [2012] QCA 170 JUDGES: Chief Justice and Margaret McMurdo P and Muir JA Separate reasons for judgment of each member of the Court, each concurring as to the orders made ORDERS: In Appeal No 7138 of 2011: The application for leave to amend the case stated is refused. 1. Were the proceedings...
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