Insights

Tribunal delivers harsh judgment on the use of the exclusionary provisions of the SRC Act

August 1, 2018

Wilson and K&S Freighters Pty Ltd [2018] AATA 464   Key Points The Tribunal considered the ‘voluntary and unreasonable submission to an abnormal risk of injury’, ‘wilful and false representation’ and/or ‘serious and wilful misconduct’ exclusions contained in sections 6(3), 7(7) or 14(3) of the SRC Act applied in the circumstances. These exclusions remain effective […]

Legal thought leader visits Newcastle

July 27, 2018

Media Release:   Legal thought leader visits Newcastle   University of Newcastle law students have been warned that they will need to acquire more skills than their predecessors needed, during a visit by world-renowned legal thought-leader Mitch Kowalski. Visiting from his native Canada, speaking to faculty and students today, Kowalski said young lawyers and law […]

NewLaw Guru: Partners need to get real

July 25, 2018

Media Release:   NewLaw Guru: Partners need to get real   World-renowned legal thought leader, Mitch Kowalski, has criticised the current generation of law firm partners for not taking serious steps to future-proof the Australian legal industry. Speaking at an Australasian Legal Practice Management Association (ALPMA) event, Kowalski said law firms are not only failing […]

Bunnings not liable for injuries on raised playground surface

July 18, 2018

Bunnings Group Limited (“Bunnings”) v Giudice [2018] NSWCA 144    Key Points  The Court needs to be careful when considering the precautions available to an occupier, including assessing the burden on the occupier with respect to each and every precaution. Bunnings appealed the decision of His Honour Judge Wilson (DCJ) from the District Court of […]

Same Safe-T-Step but one supermarket employer did not owe a duty of care.

July 18, 2018

Coles Supermarket Australia Pty Limited (“Coles”) v Harris [2018] ACTCA 25   Key Points Coles’ owed a duty to properly train an employees how to use a “Safe-T-Step”, even though previous cases involving the same step did not require the supermarket to do so. Coles appealed the decision of the Supreme Court of the ACT […]

New costs item for section 92(f) agreements in Western Australia: Contentious Business indeed

July 6, 2018

The latest Legal Profession (Supreme and District Courts) (Contentious Business) Report 2018 was published in the Government Gazette on 21 June 2018 and contains an important update relevant to the WA Workers’ Compensation Scheme. “New” Item 37 The Legal Profession (Supreme and District Courts) (Contentious Business) Determination 2018 (“Supreme Court Scale”) introduces item 37, which […]

Changes and Impacts of New Australian Whistleblowing Legislation

July 4, 2018

The Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2017 aims to create a single whistleblower protection regime in the Corporations Act 2001 extending to the corporate, financial and credit sectors. The Bill introduces a specific whistleblower protection regime for people who expose misconduct in tax affairs. The legislation will apply to protected disclosures made on […]

Happy news: New Partner Announcements

June 21, 2018

It’s all fun and games – but is it work related?

June 15, 2018

Hill and Comcare  [2018] AATA 670 Key Points Mr Hill attended a weekend ‘Games’ sporting event facilitated by the Department of Human Services, and injured himself during a game of netball He took annual leave to attend the event, which was participant-funded. He was not encouraged to attend the event by his employer It was found […]

Change of position: Federal Court sets aside Tribunal’s decision that Comcare was not excluded from paying worker’s compensation

June 15, 2018

Comcare v Drinkwater [2018] FCAFC 62 Key Points Mr Drinkwater suffered a psychological injury as a result of being moved into a new position in the Department of Immigration. Comcare’s decision to deny liability to pay compensation to Mr Drinkwater on the basis of the “reasonable administrative action” exclusions were set aside by the Tribunal. […]