Articles
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08 February 2017
Workers Compensation
Personal injury or disease?
Under the Workers Compensation Act 1987 (NSW) (“WCA”), workers may be able to recover compensation if they suffer a personal injury or a disease injury. So, what’s the difference between a personal injury and a disease? This question was considere…
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07 February 2017
Workplace Law & Culture
Personal liability for employment law breaches: a broader approac…
The Fair Work Ombudsman, Natalie James, has said that the Fair Work Ombudsman is “adventurously testing the limits of accessorial liability provisions”. Last financial year the FWO sought orders against accessories in 46 out of 50 matters she filed…
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06 February 2017
Personal Property Securities
PPSA claims another victim - a $23 million asset is lost to the i…
All businesses should be aware of the importance of properly recording security interests on the Personal Property Securities Register (PPS Register). The courts have once again reminded us of the importance of strict compliance with the legislation…
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24 January 2017
Workplace Law & Culture
Reasonable notice - yet more to consider
Last August we drew attention to a number of decisions that the minimum notice requirements under section 117 of the Fair Work Act displaced any entitlement to reasonable notice.[1] Just a few weeks later, there was a decision to the contrary. We h…
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23 January 2017
Workplace Law & Culture
Expressing an opinion on social media: free speech or employment…
Being alive in the age of social media is an exciting time. We have the ability to connect with others in a way like never before. We can engage in discussions on matters of national and social discourse at the touch of a button. There is a lot to…
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23 January 2017
Property
The rights of carriers in property transactions
When negotiating a property transaction with a carrier, there are some things that you as a landlord should be aware of. The Telecommunications Act 1997 (Cth) (Act) grants a holder of a carrier licence (i.e. a phone carrier) broad powers to deal wit…
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19 December 2016
Dispute Resolution & Advisory
Losing priority of security by not searching hard enough
Steven Borsellino used a pseudonym to own property. When he became bankrupt his trustee in bankruptcy conducted a search of the LPI NSW register under the name “Stephen Borsellino”. No properties owned under that name turned up.
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07 December 2016
Workplace Law & Culture
Disharmony from within: casual confusion reigns
In 1936 the High Court of Australia described casual employment as intermittent or irregular work. It is fair to say that employment, and casual employment, has evolved since then; "Toto, I have a feeling we’re not in Kansas anymore".Employers breath…
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07 December 2016
Workplace Law & Culture
Harsh, unjust or unreasonable: is the unfair dismissal regime bro…
We are familiar with the long standing approach of industrial tribunals in determining whether an employee's dismissal was unfair. You examine if there was a valid reason for dismissal, whether a fair process had been followed and look at the person…
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07 December 2016
Workplace Law & Culture
Might a local council be a bully?
Back in April 2015 we asked whether NSW local councils might be “trading corporations” for the purposes of the Constitution, even though the Local Government Act says they are not corporations but are body politics of the State. We were commenting o…
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07 December 2016
Workplace Law & Culture
The high price of sham contracting
A company has been fined $100,000, and an individual director a further $24,000, for using an artificial triangular arrangement to avoid minimum entitlements under the Fair Work Act. The starting position is clear: the Fair Work Act prohibits sham…
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01 November 2016
Workers Compensation
Section 11A(1): "Reasonable actions of employer" - Does the worke…
A significant issue for employers in establishing a defence under section 11A(1) of the Workers Compensation Act 1987, is whether its actions were reasonable. In addressing this question does the worker?s perception of the relevant events impact on w…
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25 October 2016
Workers Compensation
Resurrecting the discontinued claim: preserving a worker's right…
Recent changes in the area of workers compensation have allowed workers to make \"one further lump sum compensation claim\" for an injury where they had previously made a lump sum claim prior to 19 June 2012.
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24 October 2016
Contracts & Procurement
Give me a sign: what are the risks of accepting an electronic sig…
If your business accepts a commercial contract that has been signed electronically, there is a risk that the contract will not be enforceable against the person that had allegedly signed it if the electronic signature was applied without authority.
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20 October 2016
Dispute Resolution & Advisory
Building defects issues for trustees. Buying a house for a benef…
What do you need to know as a trustee buying a house for a beneficiary? A property purchased for a beneficiary who turns out to have a leaking roof and cracked walls can result in a lot of time spent and anxiety for a trustee. Attempting to resolve t…
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20 October 2016
Workers Compensation
Winners and losers: Guidelines for vicarious liability of employe…
A case note on Prince Alfred College Incorporated v ADC [2016] HCA 37. The law regarding the extent to which employers are vicariously liable for wrongful acts by an employee has been historically unclear. The judgment delivered by the High Court in…
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06 October 2016
Dispute Resolution & Advisory
What to do if you get a subpoena? 5 things you need to know.
Received a subpoena and not sure what you have to do next? Can you ignore it? Can you claim the cost of answering it? Over the coming months, we will provide a five part series on responding to subpoenas.
