Last week, the High Court of Australia handed down the decision in Comcare v Banerji, ending a long-running legal saga highlighting the potential consequences for public sector employees who use social media in breach of their Code of Conduct.
The High Court recently delivered a decision regarding a sperm donor being considered as a parent of a child in the case of Masson v Parsons & Ors. The case was regarding a woman (“Jane”) being inseminated with sperm of a male friend (“John”). John [...]
Ever worked in a workplace where you were required to provide a biometric scan of your fingerprint to prove you were actually at work? Ever been told by an employer you would be fired if you didn’t scan your finger? These issues were considered in [...]
In the recent decision of Oaks Hotels & Resorts Ltd v Knauer & Ors¹, the Queensland Court of Appeal found an employer vicariously liable for its employee sexually assaulting another worker. Background Ms Knauer was employed as a guest services agent by a wholly owned [...]
When buying a property, many people believe the hard work is done once you’ve signed the contract to purchase. Unfortunately, there are still many hurdles to negotiate before you are handed the keys to your new property. You may already have your conveyancing to-do list, [...]
Justice Davis has ordered that an unsuccessful applicants’ lawyers pay the legal costs of the other parties instead of their clients. In the recent Supreme Court judgement of PJM & Ors v AML & Anor  QSC 204, Justice Davis was highly [...]
South Australian Court of Appeal sets new high water mark for exemplary/punitive damages in asbestos cases.
By Tristan Higham Amaca v Latz  SASCFC 145 Background The plaintiff was diagnosed with terminal mesothelioma in October 2016. He alleged he contracted the disease as a result of his exposure to products manufactured by James Hardie and Coy Pty Ltd (“James Hardie”), between [...]
McGrory v Medina Property Inc Services involved a hospitality worker lifting an ice bin. Both liability and quantum were disputed, with the plaintiff seeking damages in excess of $285,000 for injuries that she allegedly sustained to her shoulders. Employer’s responsibility for mitigating risk Despite inconsistencies [...]
What Prince Alfred College Incorporated v ADC tells employers about vicarious liability. The High Court's recent view on vicarious liability of employers for the criminal conduct of employees will be of interest to employers in the education sector, boarding schools and similar institutions. The case involved [...]
Readers of our June Newsletter were surprised at a District Court decision which awarded a prisoner over $80,000 for slipping on a “quite inconspicuous” quantity of water. The finding that a prison had a duty to periodically inspect a prisoner’s kitchen for a hazard which [...]