Employer Negligence and its Impact on Psychological Injuries in the Workplace

  • Published 14.06.2022

Since 2005, when the HCA handed down its findings in Koehler v Cerebos (Australia) Ltd, that case has stood for the principle that employers can be held liable for mental injury sustained by an employee in the workplace where such injury is ‘reasonably foreseeable’.

Caveats Part IV: Enforcing security over real property during bankruptcy

  • Published 03.06.2022

After bankruptcy commences, does s58 of the Bankruptcy Act permit registering a caveat or taking enforcement action?

Discoverability of a cause of action for injury

  • Published 02.06.2022

Key Takeaways

The plaintiff failed in her recent action for assault and battery against her neighbour in circumstances where she had not thought to raise the prospect of such an action with criminal lawyers she had retained in respect of the 2012 incident.

A Commonwealth Integrity Commission – A Promise That Must Be Kept

  • Published 26.05.2022

Key Takeaways

At Commonwealth level there is a gap in the oversight of government conduct. The draft bill for the establishment of a Commonwealth Integrity Commission (CIC) previously proposed was widely criticised as inadequate. The changes that may be made to the draft bill and the speed at which the CIC can be established by a newly elected government is critical.

The Proposal

Compliance with AFCA determinations critical

  • Published 23.05.2022

Key Takeaways

This recent FCA case highlights ASIC’s willingness to actively pursue litigation against credit providers who breach consumer credit legislation and fail to comply with AFCA determinations.

Credit providers should remain vigilant in ensuring compliance or can otherwise expect to face action by the regulator resulting in financial penalties, extending to directors.

Brief Facts

Published | author author

We are delighted to announce the appointment of Stratos Savvas as Special Counsel, based in our Melbourne office.

COMMERCIAL PROPERTY

Employers Liability Newsletter May 2022

  • Published 17.05.2022

Legislative Developments

Personal Injury Commission – Key Rule Changes

Recent Decisions

Complexity of Disease Claims
Patterson v Secretary, Department of Planning, Industry and Environment (NSWPICPD 2022)

Injuries on third party premises - employer’s duty is not absolute but to take reasonable care

  • Published 17.05.2022

Top Hut Banoon Pastoral Co Pty Ltd t/as Trustee for the Wakefield Family Trust v Walker (NSWCA 2021)

Link to Decision

Key Takeaways

Addressing a lump sum compensation claim that includes a 0% WPI body part

  • Published 17.05.2022

Apps v Secretary, Department of Communities and Justice (NSWPIC 2022)

Link to Decision

Key Takeaways