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Employment

It was a private conversation: Federal Court prevents an employer from using a secret recording against its employee

Privacy is becoming an increasingly important issue as technological developments make it easier to observe people when they are not expecting it.  The issue is all the more problematic in the employment context where surveillance legislation operate...

Published by McCabes News
29 January, 2017
Employment

How confidential is your communication? Client Legal Privilege and section 119 of the Evidence Act

The Supreme Court recently considered, on appeal, client legal privilege and section 119 of the Evidence Act 1995 (NSW) in the case of Hamilton v State of New South Wales [2016] NSWSC 1213. Ms Hamilton sued the State of NS...

Published by McCabes News
23 November, 2016
Employment

Assaulted playing the pokies: Sections 52 and 53 of the CLA and exemplary damages

Cheng v Farjudi [2016] NSWCA 316 Background The appellant and the respondent were involved in an altercation at the Parramatta Leagues Club. The appellant was criminally charged for the assault, pleaded guilty and was given a good behaviour ...

Published by Stuart Windybank
23 November, 2016
Employment

The new small business unfair contract regime and the Australian road freight industry

Small businesses that enter standard form contracts on or after 12 November 2016 will be protected by a new unfair contract regime. With roughly 70% of all road freight operators having only one employee (and one truck) in their fleet, and therefore ...

Published by McCabes News
23 October, 2016
Employment

Not so sunny – Cleret v Sunshine Coast Regional Council [2016] QSC 208

A claim against Sunshine Coast Regional Council for misfeasance in public office, trespass and negligence; Do councils and statutory authorities owe a duty of care to ensure officers’ act within power? Mr Cleret was the owner and operator of a resta...

Published by McCabes News
30 September, 2016
Employment

Let’s talk about death – who owns my body?

Last month we opened up the discussion about death by discussing the projected death rate in Australia and the importance of keeping your will up to date.  In this article we consider a problem that can arise after your death – that is, who ...

Published by Terry McCabe
27 September, 2016
Employment

Let’s talk about death – death in contemporary Australia

One of McCabes embedded values is courage and to openly talk about death requires courage.  Given the number of deaths in Australia is projected to double over the next twenty years, we think the time for courage is upon us.  With this in mind, the a...

Published by Terry McCabe
29 August, 2016
Employment

The price of perjury: Fair Work Commission awards indemnity costs against lying applicant

In the recent Fair Work Commission (Commission) decision of Mr James Green v Toll Holdings Ltd [2016] FWC 2790, an employee was ordered to pay his employer’s costs after running away from his own unfair dismissal he...

Published by McCabes News
24 August, 2016
Employment

Section 5D(2) of the CLA: another “non-exceptional” case

The New South Wales Court of Appeal in the case of Carangelo v State of New South Wales [2016] NSWCA 126 (Carangelo) recently considered the application of section 5D(2) of the Civil Liability Act 2002 (NSW) (

Published by McCabes News
1 June, 2016
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