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Here are 15 results that may be of interest

Compensation (15)

Court Decision

High Court opens the door to native title compensation in the Northern Territory

The High Court of Australia has rejected the Commonwealth’s arguments made in its appeal of the Gumatj clan’s compensation application for the acquisition of their native title rights, in a landmark decision

  • Native title
  • Compensation
Todo

Court Decision

Landmark case on breastfeeding discrimination: Tribunal orders $90,000 compensation

The ACT Civil and Administrative Tribunal recently found an employer liable for unlawful discrimination based on breastfeeding, marking a first in Australia.

  • Discrimination
  • Compensation
  • Fair work
Todo

Court Decision

Australia's first High Court determination of compensation for native title

Yesterday, the High Court handed down its decision on the appeals by the Ngaliwurru and Nungali peoples, the Northern Territory and the Commonwealth in relation to the first ever litigated native title compensation decision: Northern Territory of Aus

  • Native title
  • Cultural heritage
  • Compensation
  • High court
  • Determination

Court Decision

Native Title Compensation: High Court hands down Timber Creek decision

This morning the High Court handed down its decision on the appeals by the Ngaliwurru and Nungali peoples, the Northern Territory and the Commonwealth in relation to the first ever litigated native title compensation decision: Northern Territory of A

  • Native title
  • Cultural heritage
  • Compensation
  • Determination
  • Federal court

Court Decision

Compensation payable - Guidance from the Land Court

Key issues: On 14 December 2018 the Land Court handed down its decision in Byerwen Coal Pty Ltd v Colinta Holdings Pty Ltd (No. 2) [2018] QLC 49. The proceeding was a compensation determination for the grant of three coal mining leases located we

  • Resources energy and projects
  • Resources and energy
  • Mining
  • Resumption
  • Compensation

Court Decision

Covert pics lead to psychiatric injury and compensation for female worker

In this article, we discuss the recent decision of Waugh v Simon Blackwood (Workers’ Compensation Regulator) [2015] ICQ 028 where the Industrial Court of Queensland overturned earlier decisions to reject an application for compensation by a female

  • Compensation
  • Workplace injury
  • Insurance

Court Decision

Contributory negligence of worker reduces damages by 40%

In the recent decision of Tsoromokos v Australian Native Landscapes Pty Ltd [2018] NSWSC 321, the New South Wales Supreme Court reduced the award of damages made to a contractor by 40% on account of contributory negligence. Partner, Robert Tidbur

  • Employee injury
  • Compensation
  • Unsafe work practices

Article

Interest in land

The central figures in any resumption are generally the landowner and the resuming authority. However, claims for compensation are not limited to owners of the land.  Pursuant to section 12(5) of the Acquisition of Land Act 1967 (Qld) (ALA), any

  • Compensation
  • Equity

Court Decision

Australia's first determination of compensation for native title - take 2

On 20 July 2017 the Full Federal Court of Australia handed down its decision in Northern Territory of Australia v Griffiths [2017] FCAFC106 which was an appeal of the Honourable Justice Mansfield’s decision. His Honour’s decision was the first

  • Native title
  • Cultural heritage
  • Traditional land owners
  • State government
  • Compensation

Article

Worker who caused own injury denied damages

In this article: Causation Labour hire Negligence Council worker Tip truck injury System of work HopgoodGanim Lawyers’ Partner Anna Hendry, was successful in defending a recent case which examined the importance of proving causation. Whils

  • Negligence
  • Duty of care
  • Injured worker
  • Compensation

Court Decision

$500,000 award paid to an estate following the death of a worker on her journey home from work

In this article, Robert Tidbury discusses the recent decision of Namoi Cotton Co-Operative Ltd v Stephen Easterman (as administrator of the estate of Zara Lee Easterman) [2015] NSWWCCPD 29 where the NSW Workers Compensation Commission upheld the dec

  • Compensation
  • Defendant
  • Administrator

Court Decision

No double dipping allowed for plaintiff injured by heavy fire door

Brozinic v The Federal Capital Press Pty Limited trading as The Canberra Times [2015] ACTCA 8 considered the following issues: Whether the defendant could claim the benefit of a Deed of Release the plaintiff had entered into with his employer in r

  • Compensation
  • Plaintiff
  • Insurance
  • Foreseeable risk
  • Negligence