On 26 February 2010 the Supreme Court of Queensland handed down a decision which illustrates the importance of carefully drafting special conditions in property contracts.
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. One of these exceptions is where an application for no fault compensation has not previously been lodged.
The State Government has today announced that the proposed Valuation of Land and Other Legislation Amendment Bill 2010 will be delayed pending further consultation with industry groups and stakeholders.
The Queensland Anti-Discrimination Tribunal recently rejected an interlocutory application by an employer to dismiss a complaint where the employee had signed a deed of release that included a clause releasing the employer from any future claims.
On 19 January 2010, in response to perceptions of inflexibility in Australia’s corporate insolvency regime, Chris Bowen, the Minister for Financial Services, Superannuation and Corporate Law, announced a major review of Australia’s insolvency laws.
For some time now the ATO has provided guidance in a public ruling and booklet as to what it views as an acceptable level of service fees for medical practitioners.
Cooper Grace Ward has recently received a favourable private ruling from the ATO in relation to a substantial land subdivision.
The changes to the Fair Work Act on 1 January 2010 will not only affect businesses currently operating under the Fair Work Act, but will also affect private sector employers currently operating in the State industrial relations jurisdiction of Queensland, South Australia, New South Wales, and Tasmania.
Another amendment. Another loophole. That has been the story confronting workers’ compensation insurers over the last 13 years as they have campaigned for the removal of a claimant’s entitlement to gratuitous care damages. By November 2004 workers’ compensation insurers had thought they had finally seen the end of gratuitous care. On 13 November 2009 another loophole was exposed.
A recent decision of the Full Federal Court provides a reminder to draft contracts carefully to avoid any unintended consequences.
Hoteliers can breathe a little more easily thanks to the High Court’s recent rejection of two personal injury claims for damages totaling almost $1.2M. This comes on top of the Court’s same day rejection of a third claim arising from the death of an intoxicated patron, the subject of last week’s Legal Alert.
In a move designed to help directors better understand their statutory duty to prevent insolvent trading, ASIC last week released Consultation Paper 124 – Directors’ duty to prevent insolvent trading: Guide for directors (Consultation Paper).