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Walking (and lifting) a mile in a worker’s shoes. Hicksons get assessed!

Our newest Partner, Doyle Myles, recently attended a full physical and functional assessment to gain a better understanding of a worker's experience when they are participating in assessments for the claims process or litigation.
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Underpayment of staff? ‘Don’t blame me – I am only the accountant’

Regardless of whether a party is a business’ owner, internal HR staff or an external consultant, all persons knowingly concerned with underpaying employees can be subject to large fines.
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Telephone + trolley = trouble; a plaintiff’s contributory negligence assessed at 25% on appeal

On 6 April 2014, Mr Bridge slipped and fell in a below ground carpark at Coles’ Coffs Harbour store.
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If an employee cannot carry out their job, does an employer have to allow them in to work?

For those who have the privilege of reading Fair Work Commission (FWC) decisions, they can be forgiven for believing that, in that domain, employees are frequently free from the consequences of their poor (or worse) decision making.
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The dangers of exclusive dealing

Companies must assess the effect that their dealings have on the market and retreat from activities that could be construed as ‘substantially lessening competition’.
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Foodora NoMora – implications for the gig economy

Two sets of proceedings involving food delivery company Foodora have been put on hold with the appointment of voluntary administrators to the company. These cases, if determined, could have had big implications for the gig economy.
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Procuring Accessible IT Solutions

Accessibility is an essential consideration for IT solutions, regardless of whether they are internal or public facing.
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Hindsight is not always a wonderful thing

The recent decision by the Court of Appeal in Argo Managing Agency Ltd v Al Kammessy [2018] NSWCA 176 serves as a reminder that the duty of care owed by a contract cleaner in a shopping centre is not an expectation of “perfection”.
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That doesn’t look like Cabinet information to me

Arguing that a document is Cabinet information is not enough to have the document prohibited from disclosure, under the Government Information (Public Access) Act 2009.
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Real estate underquoting

Underquoting laws introduced in 2016 made it an offence for real estate agents selling residential properties in NSW to understate a property’s likely selling price.
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Employers Beware – Court opens the door to casuals double dipping

It has long been understood that casual employees are paid a loading to cover entitlements that usually only permanent employees get, such as annual leave. In finding that a casual mining employee was entitled to be paid in lieu of annual leave upon the termination of his employment the Full Federal Court has potentially opened the door to regular and systematic casual employees gaining access to these entitlements and arguably double dipping in the process.
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No s66 compensation payable when death follows shortly after an injury

The court of appeal handed down its decision in Hunter Quarries Pty Limited v Alexandra Mexon as Administrator for the Estate of the Late Ryan Messenger [2018] NSWCA 178 on 16 August 2018. It is a significant pronouncement by the full court confirming no s66 compensation is payable where death occurs within a short time after the injury.
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Drones and privacy?

The Commonwealth Government recently announced it will be spending almost $7 billion on 6 long-range MQ-4C Triton surveillance drones to assist with border security and intelligence gathering. 
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Digital Defamation and the ‘public document’ defence – A tale of Nyoni

In order to succeed in a defamation action, a plaintiff must demonstrate that the ‘defamatory’ material was ‘published’. In a digital context, if ‘defamatory’ material is placed on the internet, for example on webpages or social media platforms, 'publication' for the purposes of defamation will occur once that material is downloaded, read and comprehended by any users.
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When can the unqualified be qualified? Non-lawyers engaging in legal practice - when is it OK and when is the law broken

Only lawyers can provide legal advice, but anyone can provide legal information. When thinking of the difference, you might ask your friend or colleague to provide information about a serious illness; however you would seek out a qualified medical professional in relation to its treatment.

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