9 March, 2018

‘Liking’ a Social Media Policy?

‘Like’ it or not, ‘tweeting’, ‘posting’ and ‘sharing’ is now common and routine; and, for some people, indispensable in sharing news, opinions and stories. Businesses and organisations, too, are regular users of this media to reach their audience. Everyone has heard of more
9 February, 2018

Mediation v Arbitration

As an alternative means to resolving commercial disputes, parties can try mediation or arbitration – but what is the difference between these two processes? Mediation is where an impartial third party (usually trained in mediation) acts as a facilitator of discussion or more
21 June, 2016

Causation and workers compensation

Causation is a fairly a complex topic; and, inherently, because fact situations will differ, as will medical opinion, and given the array of legislative difference and case law interpretation, it is not something you can have a rule of thumb about; or determine in a clear more
6 August, 2015

The Role of our Court

The Court plays a crucial role in our society and economy. Parliament makes laws; the Executive Government implements the law; and the Courts interpret and enforce the law. In the United States, the US Supreme Court has recently ruled on health insurance; affirmed more
12 June, 2015

11 June 2015, Can I look at your emails?

We think information is confidential because it is not publicly available, was sent in circumstances in which it was intended to remain private, and has commercial or other value. What happens when you use your company email address to send private or confidential more
8 June, 2015

Working on your Policies

Workplace policies set out principles guiding your organisation’s expectations. Employees, as well as employers, can utilise them. The inclusion of a term relating to policies in an employment contract may have the effect of expanding the employment contact to include the more
12 April, 2014

Magna Carta

If you are not sure what this means, you are not alone. In 2012, David Letterman, on his Late Show, asked English Prime Minister David Cameron what the English was for the Magna Carta. The PM correctly identified it was signed in 1215 at Runnymede and identified its more
2 March, 2014

Is a Medical Certificate enough?

Usually; but not always. Sometimes, the employer can ask for better information, including a report from the treating medical practitioner. Recently, the Federal Court dealt with a case where a pilot’s employer contended the medical certificate was uninformative and the more
23 February, 2014

Survey says ….

Walls, sheds and more permanent structures, such as swimming pools and even houses can sometimes inadvertently be built outside the boundary of your property. This is an encroachment and if your neighbour is unhappy about it and the issue cannot be solved readily, it can more
2 February, 2014

Improving Access to Justice

The Australian Government’s Productivity Commission is taking a 15-month look at Australia’s system of civil dispute resolution. The focus will be on constraining the costs and improving access to the justice system. The Commission will examine how much legal more
26 January, 2014

What is a PCBU?

In occupational health and safety terms, A PCBU is a person conducting a business or undertaking. This includes an individual or organisation and someone managing a company, association or partnership. A PCBU has a duty of care to provide for the protection of the more
19 January, 2014

Your information and Privacy Protected

Reforms intended to increase the effectiveness of the Privacy Act 1988 start on 12 March 2014. Applicable to businesses since 2000, the Privacy Act was reviewed in 2008 and the reforms were recommended in that review. Privacy laws are designed to protect individuals more
12 January, 2014

New Year, New Laws

The New Year’s brings new laws including added protection for police dogs in SA, changes to the way fuel prices are advertised in NSW and SA and a requirement for real estate agents in SA to give a single figure as the genuine estimate of the selling price. At the end of more
15 December, 2013

Residential tenancies

The ACT Civil and Administrative Tribunal recently awarded nearly $4,000 to tenants who claimed compensation for being unable to connect to Foxtel and because their air-conditioner was not working properly. After being told by the agent that Foxtel would be available, the more
4 August, 2013

Indigenous economic development – future fund

Recently, The Australian reported on a proposed plan by the Federal Government to enable tax-exempt indigenous Community Future Funds with deductible gift recipient status. This a very sensible idea, particularly if it allows for spending on infrastructure in communities, more
26 July, 2013

Is your lawyer tech competent?

Increasingly, it is becoming professionally necessary for lawyers to demonstrate competence in the use of technology. At least in the United States, it has become a requirement that lawyers understand “the benefits and risks associated with relevant technology.” more
19 December, 2012

Australian Council of Trade Unions (ACTU) Summit

Recently the Australian Council of Trade Unions (ACTU) held a Summit in Melbourne between unions and doctors where they heard cases “where employers had compromised workers’ rights to privacy and proper medical treatment” by “insisting attending the medical examination with more