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Employment

WorkPac Pty Ltd v Rossato [2021] HCA 23

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...

Published by Tim McDonald
5 August, 2021
Insurance

The NSW Court of Appeal considers whether steps in a public park is an obvious risk?

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...

Published by McCabes News
18 July, 2021
Litigation and Dispute Resolution

News alert: Introduction of the Retail and Other Commercial Leases (COVID-19) Regulation 2021

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 ...

Published by McCabes News
16 July, 2021
Construction

The Wolf of Newcastle – Fraudulent Investments and s 40(3) of the Insurance Contracts Act

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...

Published by McCabes News
11 July, 2021
Insurance

If the plaintiff at trial is found not to be credible, does that negate from the plaintiff’s right to damages?

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...

Published by McCabes News
7 July, 2021
Compulsory Third Party Insurance

Direct or indirect consequence of a motor vehicle accident; what is the correct test of causation?

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...

Published by McCabes News
7 July, 2021
COVID-19

Fair Work Commission 2021 annual wage review

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 ...

Published by Tim McDonald
16 June, 2021
Insurance

El Dehaibi v Hanzoul Pty Ltd t/as Mr Fresh Punchbowl [2021] NSWDC 240

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...

Published by Michael Cooper
16 June, 2021
Insurance

The true power of S85B MACA and S6.26 MAIA and ensuring they are effectively utilised

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...

Published by McCabes News
14 June, 2021
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