Category: Publications

Round one to the defendants. Back to your corners.

There is a perception that courts sometimes “bend over backwards” to assist self acting parties. Few would dispute the social utility of courts assisting self acting parties, provided that the interests of justice are not compromised. This case highlights however that courts will not shy away from applying sound legal

Read More »

BCIPA: comply first, negotiate later

The recent Supreme Court of Queensland case of National Vegetation Management Solutions Pty Ltd -v- Shekar Plant Hire Pty Ltd [2010] QSC 3 highlights the need to be cautious when dealing with payment claims under the Building and Construction Industry Payments Act 2004 (Qld) (BCIPA).

Read More »

Gateway 237 – when an application is not an application

Section 237 of the Workers Compensation and Rehabilitation Act 2003 (and its predecessor) has been the subject of much scrutiny over the years, and for good reason. This so called “gateway” section prevents an individual from seeking common law damages against an employer unless they fall within certain nominated exceptions.

Read More »

Categories

Topics

Popular Articles