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Class action risk 2022
Class action risk is changing. While filings remain high, consumer claims now dominate and, for the first time in over a decade, the banking sector is not the biggest target. ...
Full Court weighs in on shareholder class actions re-enlivening Worley class action
The Full Court of the Federal Court has allowed an appeal by shareholders in the class action against Worley Limited, finding that the primary judge’s dismissal of the case must be set aside and remitted to a single judge for determination in light of the Full Court's reasons. ...
Beware the stamp duty pitfalls of nominee clauses and resulting trust exemptions – discussion of the Victorian case of Hartman
The recent Victorian case of Hartman1 demonstrates the potential stamp duty dangers of relying on nominee clauses in transactions involving land (or other dutiable property). The VCAT decision highlights the importance of settling, if possible, on the identity of the ultimate transferee prior to execution of a contract and, above all, the need for developers and other purchasers of land to seek advice before relying on a nominee clause or otherwise seeking to transfer title to a third party. ...
The many roads to hydrogen - making sense of Australia's scattered policy environment
Developing a successful hydrogen industry requires appropriate policies, regulations, and incentives at both national and state levels. All Australian state and territory governments, as well as the federal government, have now released strategies for the development of a hydrogen industry – and many are providing significant financial incentives to kick-start it. ...
Court finds employment only needs to be one significant cause of a workplace injury to hold employer liable
An injured employee has been awarded damages in circumstances where it was unclear whether the root cause of his injury was his employment, personal leisure activities, or a degenerative disease. ...
WHS prosecutor made to pay costs
A Queensland safety prosecutor has been directed to pay a defendant's costs after learning information on day one of the trial that put it on notice its expert evidence did not support the charge brought. ...
Court finds heights risk 'significant and obvious'
A principal contractor and an employer have been ordered to pay nearly $700,000 collectively to a window glazier who fell from a 4.5 metre tall ladder while placing silicone between a steel column and a window. ...
FWC Full Bench upholds reinstatement of worker dismissed for breach of mobile phone rules
A Full Bench of the Fair Work Commission (the FWC) has upheld a decision to reinstate a worker after he was dismissed for contravening the employer's mobile phone usage policy.1Â The Full Bench agreed with an earlier decision of a single member of the FWC, deciding that the dismissal was harsh, taking into account the employee's circumstances. ...
Queensland site access requirement lawful and reasonable
In a decision following the Mt Arthur Coal case, the Fair Work Commission (the FWC) has decided that a vaccination site access requirement for BHP's coal mines in Queensland was a lawful and reasonable direction, having regard to privacy laws and the right to bodily integrity. ...