The reasonable response to do nothing: NSWCA posts a win to home owners

The NSW Court of Appeal delivers a win for home owners and their insurers, confirming residential occupiers are not expected to take precautions for every possible hazard at their home. Judgment date: 14 September 2021 Citation: Prouten v Chapman [2021] NSWCA 207 Jurisdiction: NSW Court of Appeali   Principles Home owners are not required to […]

Can an employer make COVID-19 vaccinations mandatory in the workplace?

With the increased risk from the highly infectious Delta COVID-19 variant within the community and workplaces, a hot topic for employers is whether they can direct their employees to have the COVID-19 vaccine. And if they refuse, can they terminate or restrict their employees from entering the workplace. Employers have an overarching legal obligation to […]

Getting ahead on sporting risks at school; “When games are properly controlled and supervised, allowing children to participate in them is not, in the absence of special circumstances, negligent”

Introduction The authors successfully acted for the NSW Department of Education in a crucial case where the NSWSC considered whether a school breached the duty of care owed to a student suffering a serious head injury whilst playing a ‘hybrid’ football game. Consideration was given to various statutory defences around dangerous recreational activity and also […]

Media release: We are McCabes

National firm McCabe Curwood revealed during an all-staff address by Managing Principal Andrew Lacey, effective Monday 6 September 2021, the firm would be rebranding to McCabes and officially announcing a dedicated Government Division to sit alongside the Insurance and Commercial Divisions of the firm.   “Our strategy in our first three years [since merger between […]

What’s employment got to do with it? Policy interpretation goes against employers in QLD

The Queensland Supreme Court refused to make a declaration that a professional indemnity policy should cover an insured for claims for compensation arising from alleged misleading and deceptive conduct under the Australian Consumer Law (ACL) while the insured acted as an employer, or prospective employer. This application concerned the operation of two exclusion clauses in […]

What is the extent of the duty of decision makers to address arguments made by a party to a medical dispute? The Supreme Court provides the answer in Stanizzo v AAI Limited t/as GIO.

Author: Stephanie Ibrahim Judgment Date: 26 August 2021 Citation: Stanizzo v AAI Limited trading as GIO [2021] NSWSC 1077 (26 August 2021) Jurisdiction: Supreme Court of New South Wales, Adamson J Principles A decision-maker must fairly address the arguments put by a party and provide sufficient reasoning in support of the conclusions reached; that is […]

Sustainability amendments to the Strata Schemes Management Act: A pathway for greener NSW apartments

On 16 February 2021, New South Wales passed the Strata Schemes Management Amendment (Sustainability Infrastructure) Bill 2020 (“Sustainability Infrastructure Bill“). The Bill amended the Strata Schemes Management Act 2015 (NSW) (“SSMA“) by reducing the voting threshold required by owners corporations to approve the financing and installation of sustainability infrastructure within their scheme. These amendments provide […]

Key employment rate changes for 2021/22

On 1 July 2021, a number of employment related financial thresholds increased for the 2021/22 financial year including the 2.5 percent minimum wage increase as well as the new 10 percent compulsory superannuation rate which came into effect on 1 July 2021. For a summary of the new rates that came into effect on 1 July […]

Case Law update: Vitality Works Australia Pty Ltd v Yelda (No 2) [2021] NSWCA 147

Sexual harassment in the workplace traditionally involves offensive or unwelcome behaviour of a sexual nature from a colleague or manager. However, in a more unusual decision, two companies were recently found liable for $200,000 in damages after featuring a worker in a health and safety poster. In 2019, the NSW Civil and Administrative Tribunal (the […]

Spotlight on Sexual Harassment

The issue of sexual harassment in the workplace has dominated media coverage for much of early 2021. The handling of Brittany Higgins’ sexual assault complaint has highlighted the need for employers to have effective processes for managing allegations of sexual harassment and assault. New sexual harassment laws are on their way as the Federal Government […]