Read ourNewsletters and Alerts Page 1 of 4 Subscribe Publication type Workplace Advisory - Mar 2024 The Right to Disconnect More Summary Recent amendments to the Fair Work Act 2009 (Cth) (FW Act) provide employees with new rights to disengage from work-related communications outside of their... Publication type Insurance - Feb 2024 The consequences of no notification revisited: Fairbank Haven v Merkon Constructions More Summary The Supreme Court of Victoria has recently handed down its decision of Fairbank Haven Pty Ltd v Merkon Constructions Pty Ltd [2024] VSC 32. The decision... Publication type Insurance - Feb 2024 Revisiting the duty of utmost good faith (and a win for insurers) More Summary This important case provides insight in how a court examines an insurers’ duty and the processes adopted by an insurer in avoiding cover. Publication type Dec 2023 12 ‘working’ days of Christmas countdown More Summary On the 1st day of Christmas, the Federal Court gave to me... No privilege for a report on cyber-security… In September 2022, Optus was the subject of a cyber incident potentially affecting over 9 million people. Optus engaged Deloitte to undertake... Publication type Nov 2023 Upcoming changes to Fixed Term and Maximum Term Contracts More Summary From 6 December 2023, the following limitations will apply to the use of fixed term and maximum term1 employment contracts: Time limitation: A fixed term contract cannot be for longer than two years, including extensions and renewals. Renewal limitation:... Publication type Nov 2023 Australia’s first test case on the public interest defence More Summary The Federal Court has delivered the first decision regarding the new public interest defence to defamation claims1 The decision in Russell v Australian Broadcasting Corporation (No 3) [2023] FCA 1223 (Russell v ABC) is an important development in the... Publication type Nov 2023 A bump in the road More Summary Carter Newell Lawyers has recently successfully defended a claim made by Mr. Shawn Morris against the State of Queensland in the matter of Morris v Evolution Traffic Control Pty Ltd & Anor1. Claim circumstances On 3 August 2018, then 50-year-old Mr.... Publication type Insurance - Aug 2023 Decoding Vicarious Liability: Insights from the Schokman Case More Summary The judgment of Edelman and Steward JJ In the recent decision of CCIG Investments Pty Ltd v Schokman1 contains a fascinating examination with respect to the history and application of the doctrine of vicarious liability, and perhaps a glimpse of where... Publication type Aug 2023 Unfair Contract Terms: lessons from Perera v Bold Properties in ‘construction’ of price escalation clause More Summary With amendments to the Competition and Consumer Act 2010 (Cth) coming into effect in November 2023 and expanding the remit of unfair contracts legislation to a wider range of construction contracts, it is important for contractors to be aware of... Publication type Insurance - Jul 2023 Council’s appeal is a hole in one More Summary Background The Queensland Court of Appeal recently allowed an appeal by the Townsville City Council (the Council) in Townsville City Council v Hodges [2023] QCA 136. The case involved a plaintiff (respondent to the appeal) Ms Hodges who was walking across... Publication type Insurance - Jul 2023 New South Wales confirms advocate’s immunity applies to pleadings More Summary In the decision of Capello v Lyons [2023] NSWCA 137 the New South Wales Court of Appeal undertook a consideration of the extent Publication type Workplace Advisory - May 2023 Shutdown periods and forced leave: are you familiar with your business’ obligations? More Summary For the past 13 years, many employers have relied upon terms in modern Awards, which permitted employers to: Shut down their business, or a part of their business, typically over the Christmas/New Year period; Direct employees to take accrued annual leave... Publication type Energy & Resources - Energy, Resources & Renewables - Mar 2023 Queensland is stepping up its pace in the renewable hydrogen race More Summary It is anticipated that by 2030 Queensland will be at the forefront of renewable hydrogen production in Australia. Queensland is uniquely placed to grow its domestic and export hydrogen industry with established renewable energy resources, existing... Publication type Insurance - Mar 2023 The NSW Court of Appeal Confirms the Scope of a Solicitor’s Duty to Advise Clients More Summary Case In Focus: Shoal Bay Beach Constructions No. 1 Pty Ltd v Mark Hickey & the persons listed in Schedule A to the Notice of Appeal trading as Sparke Helmore [2023] NSWCA 23 The New South Wales Court of Appeal recently considered the scope of a... Publication type Insurance - Mar 2023 The Peer Professional Opinion Defence More Summary All State (but no Territory) jurisdictions in Australia contain a provision in their civil liability legislation whereby a professional can defend a claim alleging a breach of a duty of care by asserting that the impugned conduct was consistent with what... Publication type Feb 2023 Scope of duty of care re-examined in a recent burns case More Summary By Peter Dovolil - Partner & James Mullins - Solicitor A case involving a house party, a jerry can of fuel and a person subsequently being set alight was recently considered in Ryan & Anor v Dearden & Anor [2023] QCA 20. The case, which was an... Publication type Commercial Property - Feb 2023 Property Alert – February 2023 More Summary Property law reform is expected in Queensland over the next 12 months. The first item of reform is the e-Conveyancing mandate that comes into effect next week. e-Conveyancing Mandate From Monday, 20 February 2023, certain instruments and documents needed... Publication type Energy & Resources - Planning & Environment - Dec 2022 Queensland Land Court Considers Scope 3 Emissions and Human Rights Impacts More Summary Figure 1 Image taken from Waratah Coal Pty Ltd v Youth Verdict Ltd & Ors (No 6) [2022] QLC 21, page 48, [172], Figure 3.1, depicting, ‘Bimblebox Reserve on right; cleared grazing land on left’. The recent Waratah Coal Pty Ltd v Youth... Publication type Workplace Advisory - Dec 2022 Secure Jobs, Better Pay - significant amendments to the Fair Work Act More Summary The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) received Royal Assent on 6 December 2022, heralding in a raft of changes to the Australian employment landscape. A summary of some of the most significant amendments, as well as... Publication type Construction & Engineering - Dec 2022 Pricing rise and fall: where will we be in 2023? More Summary The last few years have been unforeseen periods of uncertainty in the construction industry in terms of consistency and pricing. Not only has there been the usual fluctuations in labour costs, but also significant variation in material supply cost and... « Previous1 2 3 4Next »
