In a recent decision, the Fair Work Australia passed a decision squashing the decision taken by Senior Deputy President pertaining to an unfair dismissal claim. In John Pinawin t/a RoseVi.Hair.Face.Body v Edwin Domingo the full bench allowed an appeal challenging the Senior Deputy President’s decision. Facts: Rose Vi was a small hairdressing business at St Marys [...]
In a recent decision, the Supreme Court of New South Wales discussed the extent of liability of a employer and independent contractor in case of a negligence that causes an injury. InCollins v Sydney Ports Corporation Justice Harrison explored the provisions of the Workers Compensation Act and Civil Liability Act 2002 while deciding the case [...]
In a recent decision, the Supreme Court of Queensland explored the provisions of the Commercial Arbitration Act 1990 (Qld) while setting aside an arbitrator’s award . In Sugar Australia Pty Limited v Mackay Sugar Ltd,Justice McMurdo explored the ground of denial of natural justice as a basis for setting aside an arbitration award. Facts: SUGAR [...]
In a recent decision, the Supreme Court of New South Wales discussed whether to grant leave to bring and continue proceedings against a company under voluntary administration. In Larkden Pty Limited -v- Lloyd Energy Systems Pty Limited Justice Hammerschlag granted leave to for a party to continue arbitration proceedings against the company in administration. Facts: [...]
In a recent decision, the Supreme Court of Victoria discussed whether a bailee is obligated to inform the bailor about lack of insurance over the bailed goods. In Accessories Pty Limited v Sidawi Hon’ Justice Mukhtar held that the bailee cannot be liable for breach of bailment. Facts: The respondent Mr Sidawi took his recreational boat [...]
In a recent decision, the Supreme Court Of Victoria discussed the possible effects on a lease holder’s right over a property when the lease is disclaimed by a liquidator. In Re Willmott Forests Ltd Justice Davies explored the provisions of the CORPORATIONS ACT 2001 that discusses a party’s right to apply to the Court to [...]
In a recent decision, the Fair Work Australia explored the provisions of Fair Work Act 2009 which provides unfair dismissal remedies available to an employee. In Usman Ali v Industries Services Training Pty Ltd , Vice President Lawler allowed an extension of time to file an application under unfair dismissal claims. Facts: The Applicant, Mr [...]
In a recent decision, the NSW ADT (Administrative Decisions Tribunal) discussed a form of mishandling of personal information by public sector agencies. In VK v Department of Education & Training, the Tribunal upheld the obligations of a public sector agency specified in sections 16 and 18 of the Privacy and Personal Information Protection Act 1998(NSW) [...]
A recent Federal court decision highlighted the responsibilities of retailers while making representations in their advertisements and other campaign. In Australian Competition and Consumer Commission v Harvey Norman Holdings Limited Justice Collier explored the provisions of false representation and misleading conduct explained in the Trade Practice Act 1947. Facts: The “Harvey Norman” brand is well-known [...]
In a recent decision, the NSW Supreme Court considered the importance of restraint clauses in employment contracts. In Red Bull Australia Pty Ltd v Stacey1, Justice Rein upheld the right of a former employer to enforce a restraint clause on his former employees. Facts: Red Bull Australia Pty (Plaintiff), Ltd. deals with the production and [...]