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A fall from a ladder resulted in liability against a manufacturer under the Australian Consumer Law with a finding of 30% contributory negligence

The Court of Appeal found that a ladder had a safety defect, which caused the appellant to fall, such that the manufacturer was liable for damages under section 138 of the Australian Consumer Law.
Blog

Satisfying the ‘consequential injury’ threshold: When is a consequential injury not a consequential injury?

Injured worker’s entitlements to many compensation entitlements are intricately linked to various WPI thresholds
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Hicksons 2018 Health Law Forum Wrap Up

On Tuesday 18 September 2018, we had the pleasure of hosting the Hicksons 2018 Health Law Forum. The Health Law Forum Wrap Up includes a short summary of each of the speaker’s presentations.
Blog

Further Thoughts on the District Court’s power to determine “Commercial” Matters

There has been a further Supreme Court decision regarding the legislative anomaly which has created great uncertainty over the power of the District Court to determine “Commercial” matters. 
Blog

Procedural Fairness: What you plead v The “But I wanted to say something else” Excuse

Procedural fairness requires a court or tribunal to give each party an equal say. However, the New South Wales Civil and Administrative Tribunal Appeal Panel’s (‘Appeal Panel’) recent decision has taken an expansive view of what justice requires to allow a party to adequately plead its case. The Appeal Panel decided that a tribunal cannot give judgment in a matter if they could have reasonably expected a party to make further submissions.
Blog

25 year old federal government documents protected under the national security exemption of the Freedom of Information Act

In the matter of Oz and Department of Defence (Freedom of Information) [2018] AICmr 49 (22 March 2018), Oz (the Applicant) sought access to documents created some 25 years ago.
Blog

Modern Slavery: the implications for your business

NSW has passed the Modern Slavery Act 2018 (NSW) (the NSW Act) and the Modern Slavery Bill 2018 (Cth) (the Cth Bill) has passed the House of Representatives and will now go before the Senate.  
Blog

What happens when data is breached?

In February 2017, Federal Parliament passed the Privacy Amendment (Notifiable Data Breaches) Act 2017, and a year later – in February 2018 – the Notifiable Data Breaches Scheme (NDBS) came into effect. 
Blog

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.
Blog

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.
Blog

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.
Blog

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.
Blog

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’.
Blog

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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