The FWC upheld the employer’s claim of legal professional privilege over an external report and surrounding documents, because they were created to investigate the bullying claims made by various employees and not to provide advice for the yet-to-be initiated unfair...
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Award Interpretation: Are you Covered?
Correctly interpreting awards has often presented challenges for employers. The vexed issue of award coverage recently reared its ugly head in Maritime Union of Australia v Sea Swift Pty Ltd & Ors [2016] FWCFB 651.
Aged Care Newsletter November 2015
Welcome to this month’s edition of the Panetta McGrath Aged Care Newsletter in which we discuss the recently passed Associations Incorporations Act 2015 (WA) which creates a new scheme of regulation for incorporated associations.
Mental Health Act 2014
On 30 November 2015 the Mental Health Act 2014 (WA) (“MHA 2014”) will come into substantive operation. Both the MHA 2014 and the Mental Health Legislation Amendment Act 2014 were passed last November, but had limited operation to facilitate a 12 month transition...
The Sydney Children’s Hospital Network v X [2013] NSWSC 368
In this case the Sydney Children's Hospital Randwick applied to the New South Wales Supreme Court for an order authorising it to carry out the administration of blood, blood products and platelet therapy and the reinfusion of the patient's own blood (as well as any...
Varipatis v Almario [2013] NSWCA 76
The NSW Court of Appeal has upheld the appeal brought by a GP who was found by the Trial Judge to have been negligent for failing to refer his morbidly obese patient for bariatric surgery.
Alert: Court of Appeal Considers r44G
On 9 April 2013, the Court of Appeal delivered two decisions on whether Actions dismissed pursuant to R44G of the District Court Rules can be reinstated. Interestingly, the Court reached different decisions in each case indicating that the circumstances leading to a...
Jordan v Lee and Baker [2012] WADC 74
Please see Resource Link below.
Kozanoglu v The Pharmacy Board of Australia [2011] VCAT 2085
Please see Resource Link below.
Merck Sharp & Dohme (Australia) Pty Ltd v Peterson [2011] FCAFC 128
On 12 October 2011 the Full Court of the Federal Court of Appeal upheld an Appeal by the manufacturer of the drug Vioxx against an earlier decision which awarded damages to a man who claimed his heart attack was caused by the drug. In upholding the Appeal the Full...