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Recent Publications

Our team regularly produces articles and updates on legal developments and the implications for clients. Our latest publications can be viewed below. Alternatively, use the Search function on the left to find the topic of your choice.

Bunnings not liable for injuries on raised playground surface

July 18, 2018

  Bunnings Group Limited (“Bunnings”) v Giudice [2018] NSWCA 144    Key Points  The Court needs to be careful when considering the precautions available to an occupier, including assessing the burden on the occupier with respect to each and every precaution. Bunnings appealed the decision of His Honour Judge Wilson (DCJ) from the District Court […]

Same Safe-T-Step but one supermarket employer did not owe a duty of care.

July 18, 2018

Coles Supermarket Australia Pty Limited (“Coles”) v Harris [2018] ACTCA 25   Key Points Coles’ owed a duty to properly train an employees how to use a “Safe-T-Step”, even though previous cases involving the same step did not require the supermarket to do so. Coles appealed the decision of the Supreme Court of the ACT […]

New costs item for section 92(f) agreements in Western Australia: Contentious Business indeed

July 6, 2018

The latest Legal Profession (Supreme and District Courts) (Contentious Business) Report 2018 was published in the Government Gazette on 21 June 2018 and contains an important update relevant to the WA Workers’ Compensation Scheme. “New” Item 37 The Legal Profession (Supreme and District Courts) (Contentious Business) Determination 2018 (“Supreme Court Scale”) introduces item 37, which […]

Changes and Impacts of New Australian Whistleblowing Legislation

July 4, 2018

The Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2017 aims to create a single whistleblower protection regime in the Corporations Act 2001 extending to the corporate, financial and credit sectors. The Bill introduces a specific whistleblower protection regime for people who expose misconduct in tax affairs. The legislation will apply to protected disclosures made on […]

It’s all fun and games – but is it work related?

June 15, 2018

Hill and Comcare  [2018] AATA 670 Key Points Mr Hill attended a weekend ‘Games’ sporting event facilitated by the Department of Human Services, and injured himself during a game of netball He took annual leave to attend the event, which was participant-funded. He was not encouraged to attend the event by his employer It was found […]

Change of position: Federal Court sets aside Tribunal’s decision that Comcare was not excluded from paying worker’s compensation

June 15, 2018

Comcare v Drinkwater [2018] FCAFC 62 Key Points Mr Drinkwater suffered a psychological injury as a result of being moved into a new position in the Department of Immigration. Comcare’s decision to deny liability to pay compensation to Mr Drinkwater on the basis of the “reasonable administrative action” exclusions were set aside by the Tribunal. […]

Reasonable Administrative Action – Unreasonable?

June 15, 2018

Green and Comcare [2018] AATA 1266 Key Points The Tribunal was required to consider whether a claim from a Safety Officer employed by the Department of Defence could be denied using the reasonable administrative action defence. The employer relied on two incidents that it alleged fell within the reasonable administrative action exclusion. The Tribunal found […]

New Partner: HBA Secures Industry Leader for  NewLaw Growth

June 13, 2018

News Release:   13 June 2018   New Partner: HBA Secures Industry Leader for NewLaw Growth   Industry leader and pre-eminent WA medical negligence and professional indemnity lawyer, Dr Andrew Lu OAM, is joining legal services entrepreneur HBA Legal to spearhead its Perth-based Medical Malpractice and Health Law service. Dr Lu joins the national insurance law firm […]

Australian Guide to the European Union General Data Protection Regulation (the GDPR)

May 31, 2018

What is the GDPR? The European Union General Data Protection Regulation (GDPR) contains new data protection requirements that have applied from 25 May 2018.  It applies broad rights protecting individuals’ personal information across the EU   Who does it apply to? The GDPR applies to businesses that are data processors and controllers with an establishment […]