A decision of the Victorian Civil and Administrative Tribunal (VCAT) late last year has raised great uncertainty for landlords in Australia in their ability to claw black fit out costs and other incentives from tenants.

In its reasoning, VCAT applied an earlier decision of the Queensland Supreme Court which was previously thought to be an anomaly and unique to the facts of that case. The tribunal’s decision however, creates serious doubt on the ability to negotiate claw back clauses with tenants.

Claw back clauses

Longworth v Secretary, Department of Transport [2020] NSWWCC 52 (26 February 2020)

Summary

The Workers Compensation Commission has determined that the prescription of medicinal cannabis can fall within the definition of medical and related treatment for the purposes of section 59 of the Workers Compensation Act 1987 (‘the 1987 Act’).

Coronavirus Economic Response Package Omnibus Bill 2020

Charter Hall Real Estate Management Services (NSW) Pty Limited v State of New South Wales [2020] NSWCA 26 (25 February 2020)

Summary

An insurer’s claim for indemnity in respect of workers payments paid to an injured firefighter has been upheld on appeal.

Legislation

Section 151Z of the Workers Compensation Act 1987.

The Personal Injury Commission – Proposed legislation

Legislative developments
The Personal Injury Commission – Proposed legislation

Coronavirus (COVID-19) updates

The following arrangements have been entered into in response to COVID-19:

Workers Compensation Commission

The WCC has today directed that from Monday 23 March 2020 all conciliation/arbitration proceedings, mediation conferences and presidential hearings will be conducted by telephone.

A link to the WCC announcement can be found here.

District Court of NSW and Supreme Court of NSW

The Coronavirus (COVID-19) Pandemic is seeing the workplace landscape change day by day.

Here are a few things to consider for your workplace.

1. WHS Obligations

This TurkAlert looks at how NSW workers compensation legislation applies in such situations.

What does the law say?

Workers compensation is not payable unless: