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On 3 December 2021, a five-member full bench of the Fair Work Commission (FWC) deemed that a vaccine mandate introduced by BHP at its Mt Arthur Coal...
Introduction Claimants and insurers alike may utilise section 7.26 of the Motor Accident Injuries Act 2017 (‘the Act‘) to refer a medical assessment decision to a panel for review. During such a review, a medical panel has a duty to not o...
Upon application from ASIC, the Federal Court has determined that several terms contained within Bank of Queensland's (BoQ) small business contracts are unfair. This decision follows on from a suite of government reforms passed in 2...
In response to the outbreak of COVID-19, governments in the various states and territories of Australia have enacted public health orders to minimise the risk of further transmission of the virus. Following the making of these public health orders, e...
The Personal Injury Commission has no power to exercise federal jurisdiction within the meaning of ss 75 and 76 of the Commonwealth Constitution. But when does federal jurisdiction arise? Does a minor injury dispute between a resident of Queensland a...
A caveat is a statutory injunction that prevents the registration of dealings and plans on a title to land, provided for under the Real Property Act 1900 (NSW) (RPA). A caveat operates essentially like a "red flag", signalling to potential purchasers...
The case of Secretary of the Department of Planning, Industry and Environment v Blacktown City Council [2021] NSWCA 145 concerned an appeal to the NSW Court of Appeal from a decision of single judge refusing to set aside a subpoena for produ...
Author: Laurette Rizk Judgment date: 6 October 2021 Citation: Oeding-Erdel v Allianz Australia Limited [2021] NSWSC 1264 Jurisdiction: Supreme Court of New South Wales, McCallum JA Can the Proper Officer of SIRA lawfully determine applications for re...
The Australian Competition and Consumer Commission (ACCC) has accepted a court enforceable undertaking from a corporation in breach of section 46 of the Competition and Consumer Act 2010 (Cth) (CCA). This is the first application of the misu...