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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...

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...

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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Blog
Aviation: struck out for being too late

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”).
Blog
Receiver vs Liquidator: who is to distribute under s561 of the Corporations Act?

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).
Blog
Back pay: WCC President resolves uncertainty for section 39 affected workers

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).
Blog
Say bye to 5 year grace periods

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.
Blog
The What and the Where – Some Short facts about Sexual Harassment law in Australia

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.
Blog
Confirmation – One Medical Assessment Certificate (MAC) Only

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?

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 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

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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Update on the 2017-2018 Annual Report of the Foreign Investment Review Board

Update on the 2017-2018 Annual Report of the Foreign Investment Review Board

On 15 February 2019, the Treasurer presented the Foreign Investment Review Board’s Annual Report for 2017-18.
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Company directors and officers beware – Imprisonment for WHS breaches a reality

Company directors and officers beware – Imprisonment for WHS breaches a reality

The risk of officers and workers being imprisoned for breaches of WHS legislation has been a possibility for many years but is now becoming a reality.
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How much do you like updating procurement policies? Hopefully a lot: Appeal mechanism to be introduced to Public Works and Procurement Act (NSW) any day now

How much do you like updating procurement policies? Hopefully a lot: Appeal mechanism to be introduced to Public Works and Procurement Act (NSW) any day now

The NSW Government has recently passed a bill that will give suppliers the power to challenge procurement decisions that are in breach, or potentially, in breach of an ‘enforceable procurement provision’ of the NSW Procurement Board.
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Did the Deed Discriminate? – Short facts about Discrimination law in Australia

Did the Deed Discriminate? – Short facts about Discrimination law in Australia

Modern approaches to discrimination acknowledge that people are legally entitled to equitable treatment.
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New Regulations push local contributions and leave DA’s in limbo

New Regulations push local contributions and leave DA’s in limbo

New EP&A Reg 270A requires a Contributions Plan before DA’s in the Growth Centres can be approved or refused.
Blog
Discrimination Policies – Implementation is as important as Intent

Discrimination Policies – Implementation is as important as Intent

Discrimination and harassment are currently under a worldwide spotlight and a significant issue with workplaces and service delivery organisations, including education providers

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