In the Guide at page 5 we consider the definition of a worker for the purposes of Workers Compensation, and contrast that with the characteristics of an independent contractor. In the Guide we have used the conventional test for determining who would be a worker; also called ‘the control test’. That is, if the relationship between the parties gives an employer the power to exercise control over the work done by an employee, then the relationship is that of employer/employee.

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’.

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

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.

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

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

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)

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

Link to Decision

Key Takeaways