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Court Decision

Hefty obligations for hefty retail goods: Retail giant found liable for oversized goods injury

The recent decision in Kmart Australia Limited v Marmara [2024] NSWCA 249 highlights the very real risk posed by bulky goods in retail stores and clarifies the handling policies and procedures a Court considers adequate for stores.

  • Injuries
  • Duty of care
  • Health and safety
Todo

Court Decision

Supreme Court dismisses historical abuse claim

In this article we discuss a historical abuse claim and the importance of reliable evidence and the nuanced application of legal principles in similar cases.

  • Child abuse
  • Breach of duty
  • Civil liability
Todo

Court Decision

Fruit sparks insurance claim yet again: Spotlight on supermarket cleaning policies

We discuss a recent NSW Court of Appeal decision in a claim brought against supermarket giant, Woolworths.

  • Supermarket
  • Insurance claim
  • Duty of care
  • Personal injuries
Todo

Factsheet

10 factors for reasonable employee overtime under the Fair Work Act

In this article, Partner Anna Hendry and Special Counsel Adele Garnett cover factors employees and employers may like to know about when it comes to what’s considered ‘reasonable’ overtime under Australian workplace and employment law. If you h

  • Employment
  • Workplace and employment
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Article

How much overtime can an employer reasonably expect of employees?

In this article, we discuss what employers should consider when determining whether additional hours are ‘reasonable’ (above the standard 38 hours for full-time employees), and the risks associated with employees regularly being required to work

  • Employment
  • Workplace and employment
  • Employers
  • Law
Todo

Court Decision

Employer not liable for alleged fatigue induced car crash

The NSW Court of Appeal recently handed down its judgment in Coalroc Contractors Pty Ltd v Matinca1, overturning the trial decision and finding the appellant not liable for the injuries sustained by a mine worker involved in a single vehicle accident

  • Employee safety
  • Insurance
  • Duty of care
Todo

Article

Three steps to a genuine redundancy – getting the process right

Redundancy – a process that no one is fond of but is important to get right.  Knowing how to conduct a lawful redundancy process will minimise the risk of costly legal claims, such as unfair dismissal, general protections claims for adverse action

  • Employment law
  • Fair work act
  • Dismissal
  • Workplace and employment
  • Industrial relations
Todo

Court Decision

Loss of earnings vs loss of earning capacity: Calculating economic loss when post-injury earnings are greater than pre-injury earnings

The recent decision in Chapman v Wide Bay Hospital and Health Service [2022] QDC 271 provides an interesting insight into the assessment of economic loss in circumstances where a plaintiff’s income has increased in the aftermath of an injury. Signi

  • Insurance
  • Safety

Court Decision

Deceased worker bears onus of proof

In the recent decision of Workers' Compensation Regulator v McCool (as administrator of the estate of Shane Patrick McCool) [2022] ICQ 4 the Industrial Court of Queensland considered the operation of the journey claim provisions of the Workers’ Com

  • Insurance & Risk
  • QIRC
  • McCool v Workers’ Compensation Regulator
  • Workers compensation
  • Journey claim provisions

Court Decision

QCA unshackles damages claim

QCA holds contractor liable, despite worker’s negligent actions A recent Court of Appeal decision has emphasised the high standard of care imposed on construction contractors to take reasonable care for the safety of workers and the difficulty in o

  • Contributory negligence
  • Reasonable care
  • Personal injury

Court Decision

Professional indemnity: No waiver of privilege based on denial in pleadings

A recent Queensland District Court matter, Lu v Fenson Legal Pty Ltd & Anor [2021] QDC 253, highlighted the risk of waiving legal professional privilege (LPP) via denials in pleadings. Background The plaintiff in the matter alleged that her for

  • Professional indemnity
  • professional negligence
  • solicitor’s professional negligence
  • solicitor professional indemnity
  • legal professional privilege and pleadings

Court Decision

No bending the rules: banana harvester found liable for contributory negligence

Banana peels have long been considered an obvious risk, but in Longbottom v L & R Collins Pty Ltd [2021] QSC 242 the Supreme Court considered whether a banana harvester disregarded an obvious risk of injury by standing beneath an unusually tall b

  • Insurance
  • Negligence
  • Work cover