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Those who stand and wait also serve: Rights of employers to suspend or place employees on gardening leave when the contract of employment is silent

It has long been thought that employers need to spell out in their contracts (or for it to be implied from other clauses) that they have a right to suspend or place an employee on gardening leave.
Blog

Why can’t you get an x-ray for a psychological injury? Well, maybe you can…

If a person rolls her/his ankle and a fracture is suspected, the doctor will refer for an X-Ray to confirm.
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New ‘ipso facto’ amendments provide a stay on the enforcement of insolvency termination clauses in certain circumstances

Ipso Facto Clause changes will come into effect for all contracts entered into after 1 July 2018.
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HR managers personal assets are on the line - The fears are real and getting worse

In today’s Australian workplace relations climate, there is genuine potential for HR professionals to be personally liable to pay money where claims are successful.
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Beware the Unfair – lessons to be learnt from JJ Richards?

The protections afforded to consumers under the “unfair contract terms” regime by the Australian Consumer Law and the ASIC Act 2001 has been extended to cover small businesses for over a year now.  
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The Benevolent Ruler in our lives – Facebook and big data

Fine balance between open and free social interactions and individual privacy.
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Access to police investigation files denied under GIPA

A complaint was made alleging that the Applicants engaged in drug use.
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Certainty and consistency needed for visa applicants and sponsors in light of more proposed visa changes

The Commonwealth Department of Home Affairs is again making changes to the Australian visa system, with a view to substantially reducing the number of visa categories.
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Offers of Compromise – take your medicine early

Malek Fahd Islamic School Limited v The Australian Federation of Islamic Councils Inc (No 2) [2018] NSWSC 361 is a recent reminder of the importance of offers of compromise and the consequences of ignoring them.  
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122 Modern Awards - a confusing maze for business

The Fair Work Ombudsman is vigorously prosecuting employers for breaches of awards and the Federal Court are making orders for very significant civil penalties where breaches are established.
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New Planning Laws in NSW

DA (development application) processes have been given a fillip under changes to the Environmental Planning & Assessment Act which took effect this month.
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Talent shortages restrict business – visa problems for Australia’s biggest tech exporter

Australia’s biggest tech exporter facing critical shortages of skilled workers. 
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The stars align. Penalties for ACL breaches to match those for anti-competitive conduct.

In 2015 Consumer Affairs Australia and New Zealand (CAANZ) undertook a review of the Australian Consumer Law (ACL).
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Anaphylaxis and malignant hyperthermia - what was the cause of death?

The Victorian Coroner was recently required to consider whether the death of a child was due to an anaphylactic reaction suffered whilst an in-patient or whether the death arose due to the management of the anaphylaxis.
Blog

When is enough enough? - anaesthetist's appeal fails

In our blog on 19 May 2018 we reported on a decision in which an orthopaedic surgeon and anaesthetist were both found negligent for failing to abandon surgery prior to the plaintiff suffering paraplegia.  

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