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COVID-19

COVID-19 – working from home considerations

Many businesses were forced to quickly implement working from home arrangements in early 2020 in response to the COVID-19 outbreak. This accelerated an existing trend in many Australian workplaces towards hybrid and fully remote working. With this tr...

Published by Tim McDonald
5 August, 2021
COVID-19

COVID-19 – stand downs and other mechanisms to respond to lockdowns

Across Australia, many businesses have been forced to shut their doors due to public health orders in response to ongoing Delta outbreaks.  However other businesses have been able to remain open despite experiencing a downturn in trade. The ordinary ...

Published by Tim McDonald
5 August, 2021
COVID-19

Changes to Casual Employment – transitional period ending 27 September 2021

From 27 March 2021, a number of amendments to the Fair Work Act 2009 (the FWA) came into effect regarding the workplace entitlements and obligations of casual employees. The changes had a transitional period for implementat...

Published by McCabes News
5 August, 2021
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
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