High Court rules employer liable for psychiatric injuries resulting from breach of employment contract
In the recent decision of Elisha v Vision Australia Ltd [2024] HCA 50, the High Court allowed an appeal awarding $1.44 million in damages to a former employee for psychiatric injuries resulting from breach of a disciplinary procedure contained in an employment contract. Background Mr Adam Elisha was employed by Vision Australia as an adaptive […]
ReadmoreWorkplace law changes in 2024
The past year saw numerous workplace law and rule changes and we recap some of the key updates in this article. The changes largely come from the staggered introduction of changes in the Fair Work Legislation Amendment (Closing Loopholes Act No.2) Act 2024 (Cth) (see our article here) plus Fair Work Commission activity. What employers […]
ReadmoreBunnings’ use of facial recognition technology found to breach the Privacy Act – What lessons can be learned?
On 29 October 2024, after an almost 2-year investigation, the Australian Privacy Commissioner (Commissioner) determined that retail giant, Bunnings, had, through its use of facial recognition technology at 62 of its retail stores around the country between 6 November 2018 and 30 November 2021, interfered with the privacy of hundreds of thousands of customers.[1] Facial […]
ReadmoreBeyond the bell: What are ‘reasonable additional hours’ for teachers?
The teaching profession often requires teachers to take on responsibilities beyond the classroom and outside of working hours, such as participating in community engagement, lesson planning, grading assessments and facilitating extracurricular activities. A recent survey has found that 80% of teachers say they have a less than ideal or non-existent work-life balance, with around 70% […]
ReadmoreApplying the Rolls Royce treatment to limitation of liability clauses
The interplay between limitation of liability and set-off clauses When drafting limitation of liability clauses, it is important to consider what ‘liability’ is being limited and whether the limitation of liability (the ‘cap’) will apply to the total net liability after all set-offs are reconciled or whether the cap will apply separately to the liabilities […]
ReadmoreCorruption and Integrity Update – October 2024
In this edition of the Queensland Corruption and Integrity Update we outline various updates issued by the CCC, summarise the highlights from the annual reports of various integrity bodies, and consider recent changes to the operating powers of the Queensland Ombudsman. Crime and Corruption Commission updates CCC’s Quarterly Report Number 8 On 9 October 2024, […]
ReadmoreThe Victorian Building Authority to be reincarnated as the Building & Plumbing Commission
The Victorian Government has announced plans to bring together the Victorian Building Authority (VBA) with the Domestic Building Disputes Resolution Victoria, and the Domestic Building Insurance (DBI) function of the Victorian Managed Insurance Authority. The new regulator will be named the Building & Plumbing Commission. This announcement comes after Weir Legal and Consulting released their […]
ReadmoreCosts, caution and consequences: ‘Rare’ ruling against a paid agent
In the recent decision of Flexy Services Pty Ltd v Mr Brian Newman [2024] FWC 2840, the Fair Work Commission (FWC) made a costs order against a paid agent who represented an employee in making a general protections claim against her employer. Background Ms. Georgina McBride was engaged as a casual employee by Flexy Services Pty […]
ReadmoreKey developments in Victorian Security of Payment legislation – 10 reforms to watch
The Victorian Government recently issued a response confirming its support for all 28 of the recommended reforms to the Building and Construction Industry Security of Payment Act 2002 (Vic) (SOP Act) following a parliamentary inquiry in 2023. Security of Payment legislation regulates payment processes and payment disputes within the construction industry. It aims to ensure […]
ReadmoreNational Integrity Spotlight – September 2024
In this month’s edition of the National Integrity Spotlight, we consider the most recent updates from the NACC, as well as updates from the various state integrity bodies. NACC update Referral and assessment update The NACC continues to provide regular updates on the number of referrals received, the assessment process, and investigations underway. Key data […]
ReadmoreDevelopers don’t look away now…the week that was
Last year the Victorian State Government announced ambitious housing targets, committing to delivering 800,000 dwellings in greater Melbourne over the next 10 years, plus 425,600 new homes for regional Victoria by 2051. Under increasing pressure to meet these targets, the Government has had a bumper week of housing-related announcements. The Gadens Real Estate & Construction […]
ReadmoreNew Australian mandatory merger control legislation introduced – Further clarity on the path ahead
In the biggest ever reform of Australia’s merger control laws (see our earlier Insights here and here), the Treasury Laws Amendment (Mergers and Acquisitions Reform) Bill 2024 (Bill) was introduced in the House of Representatives on 10 October and will now work its way through the Parliamentary process with an expectation of the Bill becoming law by […]
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