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Litigation and Dispute Resolution

Competing Interests of Compulsory Acquisitions in NSW

The North West Rail Link project has resulted in a large number of compulsory acquisitions raising a number of interesting principles and competing interests under the Land Acquisition (Just Terms) Compensation Act 1991 (NSW) (Just Terms Act

Published by McCabes News
6 August, 2015
Employment

Sexual Assault: Causes of Action in Trespass and Negligence

"B" v Reineker [2015] NSW SC 949 Background The plaintiff commenced proceedings seeking damages for trespass against the defendant and for negligence against Moree Christian Community School relating to events that occurred in the period fro...

Published by McCabes News
5 August, 2015
COVID-19

Case note – Comcare v Transpacific Industries Pty Ltd [2015] FCA 500

Transpacific, a company that provides recycling, waste management and industrial services, was ordered by the Federal Court of Australia to pay $363,000 to its insurer Comcare as Transpacific admitted contraventions of ss 16 and 17 of the Occupat...

Published by McCabes News
4 August, 2015
Employment

Monitoring Contractor Compliance

The Fair Work Ombudsman (FWO) commenced proceedings against Coles due to underpayment of its trolley collectors. Coles outsourced these services to contractors who were underpaying the employees. Coles has now entered into an Enforce...

Published by McCabes News
4 August, 2015
Litigation and Dispute Resolution

Government Supported Litigation funding for Liquidators. Recent changes to the Fair Entitlements Guarantee Scheme

The Fair Entitlements Guarantee Act 2012 (Cth) requires the Commonwealth Government to pay outstanding superannuation, annual leave, redundancy and wages entitlements for eligible employees who have lost their jobs due to the liquidation or ...

Published by Andrew Lacey
31 July, 2015
Employment

Lawful detention and reasonable force

Justice Kaye of the Victorian Supreme Court recently considered an action for false imprisonment and assault brought by Bryan Biddle (Biddle) against the State of Victoria and three Victorian police officers. At about 10:30pm on 19 ...

Published by McCabes News
29 July, 2015
Employment

Police media statements and press conferences: Sands v State of South Australia [2015] SASCFC 36

The full court of the Supreme Court of South Australia recently considered an action for defamation brought by Derick Sands (Sands) against the State of South Australia. In 2004 South Australian Police were investigating a murder. S...

Published by McCabes News
29 July, 2015
Commercial

Occupier’s liability – scope of duty owed by the owner of commercial premises to an employee of the tenant of the premises – Aldred v Stelcad Pty Ltd [2015] NSWCA 201

Author: Olga Voukidis Judgement Date: 16th July, 2015 Citation: Aldred v Stelcad Pty Ltd [2015] NSWCA 201 Jurisdiction: NSW Court of Appeal [1] In brief Liability for injuries sustained by an entrant onto demised premises will primarily rest with the...

Published by McCabes News
19 July, 2015
Commercial

Occupier’s liability scope of duty owed by the owner of commercial premises to an employee of the tenant of the premises – Aldred v Stelcad Pty Ltd [2015] NSWCA 201

Author: Olga Voukidis Judgement Date: 16th July, 2015 Citation: Aldred v Stelcad Pty Ltd [2015] NSWCA 201 Jurisdiction: NSW Court of Appeal [1] In brief Liability for injuries sustained by an entrant onto demised premises will primarily rest with the...

Published by McCabes News
19 July, 2015
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