General and aggravated damages award for sexual harassment and discrimination substantially increased on appeal

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A ‘manifestly inadequate’ damages award has been overturned by the Industrial Court of Queensland and an employer ordered to pay nearly $160,000, in the highest general and aggravated damages award in Queensland for an employee subjected to sexual harassment and discrimination on the basis of sex under the Anti-Discrimination Act 1991. Introduction In Golding v… Read more »

Court of Appeal decision determines liability of executive officers under Queensland’s Environmental Protection Act

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Former executive officers of a corporation have been found not liable under certain provisions of Queensland’s Environmental Protection Act for harm caused by the corporation in circumstances where the harm came to fruition after their tenure. Introduction Section 493(2) of the Environmental Protection Act 1994 (Qld) (EPA) sets out that, if a corporation commits an… Read more »

‘Reasonable management action’ in workers’ compensation claims – what is it and how does it work in practice?

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If a person gets injured at work in Queensland, they are entitled to statutory compensation, including wage replacement benefits and medical treatment until their injuries resolve or stabilise. The same principle applies for psychological or psychiatric injuries but there are some exceptions. The most common exception is where the worker’s injury is the result of… Read more »

Getting rent determination clauses right in commercial property leasing – Supreme Court rules in favour of CGW client

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In the recent case of DA Staal Property Pty Ltd v Commonwealth of Australia [2021] QSC 216, the Supreme Court held that the market rent determination by a valuer was invalid as it was inconsistent with the process prescribed by the lease. The case holds important lessons for both landlords and tenants of commercial property… Read more »

Casual employment clarified as High Court hands down highly anticipated Rossato judgment

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The High Court has overturned a highly debated Full Federal Court decision that entitled long-term casuals to claim leave and pay entitlements reserved for permanent employees. Introduction In its highly anticipated decision, the High Court has confirmed in WorkPac Pty Ltd v Rossato [2021] HCA 23, that a casual employee is an employee who does… Read more »

The grief of Greensill – distributing capital gains to non-resident beneficiaries

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The story of Greensill’s capital gains is not a happy one. But there are important lessons for advisers acting for trusts that distribute capital gains to non-resident beneficiaries. Why were Greensill’s capital gains subject to tax in Australia? The facts in Greensill are relatively straightforward. An Australian resident trust made a series of capital gains…. Read more »

Liquidator’s powers of examination assigned to litigation funder

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The Federal Court has recently confirmed that liquidators are able to assign their rights to examine people and to obtain the production of documents. Liquidators may now find that there is greater interest from litigation funders to purchase potential claims that have not been fully investigated. Overview In in the matter of 316 Group Pty… Read more »

Mandatory COVID-19 vaccinations for residential aged care workers – what you need to know

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With Prime Minister Scott Morrison announcing that COVID-19 vaccinations will become mandatory for residential aged care workers, now is the perfect time for employers to start preparing. What does the announcement mean for aged care employers? Following National Cabinet’s meeting on 28 June 2021, the Prime Minister announced that COVID-19 vaccinations will be mandatory for… Read more »

Important changes to Queensland’s defamation laws come into force

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As of 1 July 2021, the last of the recent reforms to the Defamation Act 2005 (Qld) came into effect, bringing Queensland’s defamation framework into line with the law in New South Wales, Victoria and South Australia. Defamation law in Queensland Defamation law in Queensland is governed by the Defamation Act. In recent years, this… Read more »