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Hicksons Grows with 10 Senior Promotions

The firm welcomes its newest partner Patrick Pilton (Property, Planning & Construction), as well as announcing a further 5 promotions to Associate together with 3 to Senior Associate and 1 to Special Counsel.
Blog

Money, money, money...

Employees who are covered by an award will have their award base rates increased by 3% with effect from the first pay period starting 1 July 2019. The FWC’s pay guides have the current minimum pay rates for full-time, part-time and casual employees in an award, so be sure to check again for the soon to be published 2019-20 pay guide rates.  
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A snapshot of the notifiable data breach scheme over 12 months: trends, lessons learnt and hot tips

Malicious or criminal attacks continue to be the main sources of data breaches with 60% of breaches notified during the Period being attributable to such attacks. Notably, phishing and spear phishing were the most effective methods by which entities were compromised. Human error accounted for 35% of notified breaches and systems fault for 5% of notified breaches. 
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Unfair dismissal and your finger’s right to privacy

The pressures on employers are vice-like, how do you comply with requirements of the Fair Work Act to keep accurate attendance records to ensure correct pay, without monitoring employee attendance accurately?
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Educators beware: six year old applicant brings privacy complaint against preschool and obtains suppression orders.

A 6 year old girl made a complaint alleging that the private school she attended interfered with her privacy by inappropriately collecting and retaining videos and photos of her and her schoolwork; publishing or displaying images of her publicly; and not providing access to all personal information the school held about her.
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Aviation: struck out for being too late

Australia’s highest court the High Court of Australia (“HCA”) has recently confirmed unanimously that a claim for personal injuries arising out of the death of or injury to a passenger in an aircraft (“the incident”) must be brought within two years of the date of the incident pursuant to section 34 of the Commonwealth Civil Aviation (Carriers’ Liability) Act 1959 (“CACLA”).
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Receiver vs Liquidator: who is to distribute under s561 of the Corporations Act?

The decision in Kirman, In the matter of RWE Robinson & Sons Pty Ltd [2019] FCA 372 (Kirman) has clarified and confirmed that receivers, in a concurrent liquidation and receivership situation, have the ability to make payments under section 561 of the Corporations Act 2001 (Cth) (Act).
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Back pay: WCC President resolves uncertainty for section 39 affected workers

On 18 April 2019 President Judge Phillips published his decision in RSM Building Services Pty Limited v Hochbaum finding that the bar provided by s 39(1) Workers Compensation Act 1987 to the payment of weekly compensation benefits continues to operate until such time as it is lifted by s 39(2) of the 1987 Act following an assessment in accordance with s 39(3).
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Say bye to 5 year grace periods

As a result of the Productivity Commission’s inquiry into Australia’s intellectual property arrangements, the initial grace period before someone can file a non-use application to remove a registered trade mark has been reduced from 5 years to 3 years.
Firm News

18 Hicksons lawyers recognised - Best Lawyers in Australia 2020

This year, Hicksons is delighted to announce 18 of our lawyers have been acknowledged in the 12th Edition of Best Lawyers in Australia. We are proud of this recognition by our peers acknowledging these lawyers as experts within the legal service industry.
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The What and the Where – Some Short facts about Sexual Harassment law in Australia

Modern businesses reject the notion that sexual harassment in the workplace is acceptable. However, confusion about what legally constitutes workplace sexual harassment under Australian law continues and might inadvertently lead to inappropriate behaviour, resulting in claims against employers and individuals.
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Confirmation – One Medical Assessment Certificate (MAC) Only

The Commission has recently confirmed that injured workers are only entitled to one Medical Assessment Certificate with respect to their injury which is used to assess all threshold entitlements unless specific exceptions apply.
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Accommodating difference - discrimination in schools and universities: what reasonable adjustments does the law require?

Access to Education is considered a basic human right and education providers across Australia strive to support students of all abilities. Unfortunately, issues continue to arise where students believe they have not been adequately accommodated and subsequently initiate action against a service provider.
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New residential tenancy laws to protect victims of domestic violence

New tenancy reforms have been introduced in NSW which aim to protect victims of domestic violence who are living in a residential tenancy premises. Effective from 28 February 2019, the new Laws allow for a tenant to terminate their tenancy without penalty and immediately if they or their dependents are subject to domestic violence.
Blog

Eye in the sky – Drones, employees and surveillance

If your work place involves a large site, the use of a drone can be a way monitor many types of risks. 

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