Blog
Inexact evidence on causation sufficient to demonstrate material contribution
The Plaintiff suffered from epilepsy from six years of age. In 2010, at the age of 20, the Plaintiff underwent electroencephalographic monitoring, a...
Notifiable Data Breach scheme commences
From 22 February 2018, the Notifiable Data Breaches (NDB) scheme will apply to all agencies and organisations with existing personal information...
Liability of hospital for actions of a misbehaving patient
A B v Australian Capital Territory [2018] ACTSC 18 is a decision of the Supreme Court of the ACT which considers the liability of a hospital...
HR Toolbox Edition 10 2018
Recent news In a recent controversial decision by the Full Bench of the Fair Work Commission, employers using “back to back” term contracts may now...
RISK ALERT: A non-renewal of a term contract may now be considered a dismissal by the employer
Generally, under the Fair Work Act 2009 (Cth) (FWA) an employee can only bring an unfair dismissal claim if their employment has been terminated at...
HR Toolbox: Edition 9 – 2017
Latest news The latest Annual Report released by the Fair Work Commission has revealed that in the last 12 months there has been an upwards trend in...
No Extension of Limitation Period 16 Years Post-Surgery
One might conclude from the decision, that the Plaintiff, Mr Holcombe, presented as an honest, stoic and credible 42-year-old man, who had tolerated...
Occupational Health and Safety Blog
Whilst Western Australia never quite made it out of the starting gate, the majority of other Australian jurisdictions (with the exception of...
HR Toolbox: Edition 8 – 2017
Latest news The McGowan government has introduced amendments to the Occupational Safety & Health Act 1984 (WA) to increase penalties for...
Neurosurgeon failed to properly advise of treatment options
In February 2011, the Plaintiff was found to have a benign brain tumour. He consulted with Dr Day, a neurosurgeon, who recommended that the tumour...