LEGISLATIVE DEVELOPMENTS
A new beginning: The Personal Injury Commission commences 1 March 2021
RECENT DECISIONS
No liability for employer of security guard injured at third party’s premises
Hubbard v CPB Contractors Pty Ltd (NSWSC 2020)
Key Takeaways
Deputy President Michael Snell determined an application made by the Department of Communities and Justice to extend time to bring appeal. That application was refused on the basis that the appeal did not have reasonable prospects of success.
Key Takeaways
The NSWCA considered the application of the indexing provisions in s82A of the Workers Compensation Act 1987 (the Act) in Theoret v Aces Incorporated (NSWCA 2021).
Key Takeaways
The judge deduced that the risk of injury was foreseeable because the defendant asserted that it had taken steps, some years earlier, to remedy the risk. That remedy had ceased to exist by the time of the plaintiff’s injury, as was demonstrated by the very occurrence of the injury.
Key Takeaways
The Personal Injury Commission (PIC)* is set to commence operations on 1 March 2021 replacing the Workers Compensation Commission (WCC) and the Dispute Resolution Service (DRS) to provide a ‘one stop shop’ for resolving disputes that arise in connection with workers compensation and motor accidents legislation.
Key Takeaways
On 1 February 2021, the new ministerial guidelines published by the Minister of Planning on 13 January 2021 came into force in Victoria, banning the use of combustible external cladding such as that responsible for the fires at Melbourne’s Lacrosse Tower and London’s Grenfell Tower and also extending existing limitation periods to 12 years for ‘cladding building actions’.
Key Takeaways
Important changes have taken place from 1 January 2021 that concern bankruptcy notices and temporary debt protection for individual debtors. These changes include:
Key Takeaways
On 18 February 2020, new laws designed to combat illegal phoenix activity and improve the accountability of resigning directors were introduced into the Corporations Act 2001 (Cth) (‘Corporations Act’). The laws were initially foreshadowed in an announcement on 12 September 2017 by the Turnbull government as part of its crackdown on illegal phoenix activity.
Temporary restructuring relief extended again (for some)