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The High Court upheld WorkPac's challenge to the finding of the Full Court of the Federal Court which found that coal mineworker Robert Rossato was entitled to paid leave while engaged as a casual employee on consecutive contracts for almost four yea...
In the recent case of Wollongong City Council v Williams [2021] NSWCA 140, the NSW Court of Appeal considered the duty of a Council to entrants of a public park. Principles An occupier of a park owes a duty to take reasonable care to avoid the forese...
14 July, 2021: The Government has introduced the Retail and Other Commercial Leases (COVID-19) Regulation 2021 (Regulations). Commencing on 14 July 2021, the Government has introduced the Retail and ...
The NSW Court of Appeal in P & S Kauter Investments Pty Ltd v Arch Underwriting at Lloyds Ltd considered what information must be contained in a notification to insurers for it to constitute notification of facts giving rise to claim for the pur...
In the recent case of Hoblos v Alexakis [2021] NSWCA 126, the NSW Court of Appeal found that whilst the credibility of an injured plaintiff is essential in proceedings, being a poor historian or exaggerating injuries suffered does not negate the plai...
Is the correct test of causation whether an alleged injury is a ‘direct consequence of the motor vehicle accident’? The NSW Supreme Court provides the answer in Hunter v NRMA Insurance. Judgment date: 2 June 2021 Citation: Hunter v Insura...
The Fair Work Commission (FWC) has handed down the 2021 Annual Wage Review decision, granting a 2.5% increase to the national minimum wage and modern award minimum wages. The weekly national minimum wage (NMW) will ...
Principles When calculating damages in accordance with the Civil Liability Act 2002 (NSW) (the Act), the Court will have regard to the plaintiff’s pre-accident medical records and underlying conditions. The Court will have regard to the plainti...
Can a Claimant bring a claim multiple times (by lodging the same claim form) in respect of the same cause of action even after the matter is deemed withdrawn in accordance with S85B(3) of the Motor Accident Compensation Act 1999? The NSW Supreme Cour...