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In another victory for the obvious risk defence, the Court of Appeal delivers a judgment that highlights the importance of correctly formulating the risk of harm when distinguishing between foreseeable and obvious risk. Author: Renee Magee Judgment d...
In the recent case of Carnemolla v Arcadia Funds Management [2020] NSWCA 308, the NSW Court of Appeal considered the duty of a shopping centre manager to maintain a dry floor surface. Author: Demi McGowan Judgment date: 27 November 2020 Citation: Car...
Can a party be found to have breached a duty of care in the absence of evidence as to specific precautions which should have been taken to obviate or reduce the risk of injury? The Court of Appeal recently explored this issue in Bauer Media v Khedrla...
A recent decision in the Federal Court of Australia shows the importance of properly considering the particular wording used in a trust deed when exercising a power under it, and the adverse consequences that may flow if the rules of a trust are not ...
These days, it seems like every second person you speak to has a "side hustle". They're driving a rideshare vehicle, selling essential oils, skincare or make-up, have an artisan stall at the local markets or online, create and deliver Instagram wort...
In April this year, the Fair Work Commission (FWC) published two contrasting decisions regarding applications by employers to reduce the amount of redundancy pay due to their incapacity to pay. These decisions were the first two of t...
Is procedural fairness denied if a Claimant is not put on notice that a decision maker will be relying on introduced information to draw an adverse conclusion about their claim? The Supreme Court of New South Wales provides the answer in Briggs v NRM...
In previous articles1, we have discussed the implementation of NSW and Commonwealth regulations on the execution of documents during COVID-19 including how to sign and witness documents by audiovisual link. Remote execution of documents h...
The second tranche of award rate increases for FY20/21 will commence from the first full pay period on or after 1 November 2020. Employers with employees covered by the modern awards affected by this change must ensure that they review pay rates to a...