Tension between the application of principles of trust law and insolvency law has been resolved by the High Court (for now)
- Published 28.06.2019
Summary
Published | krystal prasad
TurksLegal is pleased to announce the appointment of the following new partner and the promotion of the following solicitors effective 1 July 2019. These individuals have shown enormous talent, not only as legal specialists, but also as ambassadors for our firm.
We also thank our valued clients, for giving our teams the opportunity to shine.
Lian Chami, Partner - Employers Liability, Sydney
Working on scaffolding: A reminder for employers
- Published 20.06.2019
Apthorpe v QBE Insurance (Australia) Limited & Ors [2019] NSWDC 135 (18 April 2019)
Summary
Playing the long game: section 11A success
- Published 20.06.2019
AS v The State of New South Wales [2019] NSWWCCPD 18 (8 May 2019)
When relocation is a reasonable thing to do
- Published 20.06.2019
Cross v Secretary, Department of Education (2019) NSWWCCPD 20 (14 May 2019)
Summary
Under section 48A of the Workplace Injury Management and Workers Compensation Act 1998 weekly payments can be terminated if the worker does not comply with return to work in suitable employment.
Employers Liability Newsletter - June 2019
- Published 20.06.2019
Recent Legislative Developments
There are no recent legislative changes to report.
Recent Decisions
When relocation is a reasonable thing to do
Cross v Secretary, Department of Education (2019) NSWWCCPD 20 (14 May 2019)
Wins for Occupiers
- Published 30.05.2019
Summary
The following is an overview of some recent decisions from the Supreme Court of NSW and the District Court of NSW in favour of occupiers of a shopping centre, a building site, a horse riding showground and a ski lodge.
Shopping Centre
It’s Election Time: Revoking an Election in Order to Pursue a Claim for Damages
- Published 22.05.2019
Glogoski v Workers Compensation Nominal Insurer [2019] NSWDC 154 (3 May 2019)
Summary
Prior to 27 November 2001, a worker could elect to receive lump sum compensation or damages (not both).
Payment under deed does not damage claim for workers compensation benefits
- Published 22.05.2019
Neuroscience Research Australia v de Rome [2019] NSWWCCPD 13 (11 April 2019)
Summary
A recent decision by Deputy President Wood considered the circumstances in which an earlier payment to a worker would prevent a claim for workers compensation benefits due to the provisions of s151A.
Background
Claims for ‘back pay’ following application of section 39
- Published 22.05.2019
RSM Building Services Pty Ltd v Hochbaum [2019] NSWWCCPD 15 (18 April 2019)
Summary
In the recent decision of RSM Building Services Pty Ltd v Hochbaum [2019] NSWWCCPD 15 (18 April 2018) President Judge Phillips has confirmed that there is no entitlement to ‘back pay’ if the 21% WPI section 39 threshold is obtained at some point after weekly benefits have ceased at 260 weeks.
Background