Legislative Developments - November 2020

  • Published 16.11.2020

Amendments to the Workers Compensation Act 1987 and Workers Compensation Regulation 2016

The Workers Compensation Amendment (COVID-19 Weekly Payment Compensation) Regulation 2020 came into force on 23 October 2020.

The Regulation amends the Workers Compensation Regulation 2016 by:

Employers Liability Newsletter - November 2020

  • Published 16.11.2020

Legislative Developments

Amendments to the Workers Compensation Act 1987 and Workers Compensation Regulation 2016

Recent Decisions

Section 151D: A tale of two applications
Cavanagh v Manning Valley Race Club Ltd (NSWDC 2020)
Hawley v Wesley Community Services Ltd (NSWDC 2020)

Published | author author

We are delighted to welcome Grant Walker to the TurksLegal Partnership in our Melbourne Commercial team.

COMMERCIAL PROPERTY

Damages for economic loss – A new COVID-19 normal? Court acknowledges uncertainties of post-pandemic world in assessing the risk of future economic loss

  • Published 04.11.2020

Coughlan v United Precast (Vic) Pty Ltd (VSC 2020)

Key Takeaways

This matter brings to light the inherently speculative nature of the assessment of Farlow damages for the risk of future loss of earning capacity, and the impact on such assessments by the current COVID-19 pandemic and associated future economic uncertainty.

Brief Facts

Published | author author

TurksLegal is pleased to announce that Adele Fletcher, Partner; Dominic Maait, Partner; Sam Kennedy, Partner & Lian Chami, Partner have been recognised as leading lawyers for their achievements in the 2020 Doyle’s Guide.

COMMERCIAL PROPERTY

Redundancies during COVID-19

  • Published 21.10.2020

Key Takeaways

In response to the impact of COVID-19 on profitability, many businesses have been forced to restructure or downsize which, in some cases, leads to employee redundancies. The recent unfair dismissal decision of Rachael Freebairn v Dandiie Pty Ltd and others (FWC 2020) serves as a reminder to employers of their statutory obligations regarding the procedures for valid redundancies (including the requirement for consultation under any relevant modern award).

Damages for gratuitous attendant care services: S15 CLA and Hospital Admissions

  • Published 19.10.2020

Williams v Wollongong City Council (NSWDC 2020) 

Key Takeaways

In a recent decision, the NSWDC held that the recipient of gratuitous attendant care services during a continuous period interrupted only by breaks due to being admitted into hospital is still entitled to qualify for an award of damages under s15 of the Civil Liability Act 2002 (NSW) (‘CLA’).