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‘Exceptional circumstances’ – recent employment cases involving out-of-time applications

Two recent Fair Work Commission decisions provide useful examples of how ‘exceptional circumstances’ can lead to extensions of time being granted in out-of-time unfair dismissal or general protections applications. In Muhammad Ali Qureshi v Spotless Services Australia Limited [2023] FWC 1613 and Todd Smith v Tricare Ltd [2023] FWC 1585, there were a range of […]

By : Anja Vogel Oct 3, 2023 Comments Off

Articles

Government releases response to Privacy Act Review Report

The Australian Government’s response to the Privacy Act Review Report (which was released on 16 February 2023, and set out 116 privacy reform proposals for public consultation) has been released today. The response paper agrees in principle to many of the report proposals, and sets out 5 key areas with which the Government agrees: Bring […]

By : Anja Vogel Sep 28, 2023 Comments Off

Articles

Addressing gig economy loopholes may lead to new exposures for insurers

On 4 September, the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 was introduced to Parliament. The Bill, which forms part of a wave of proposed workplace changes, aims to close loopholes that undermine pay and conditions and to improve work health and safety laws in the Commonwealth jurisdiction – including for gig economy workers. […]

By : Anja Vogel Sep 6, 2023 Comments Off

Articles

High Court decision on luxury property serves as timely reminder for real estate agents

The High Court’s recent decision in James v Luxury Real Estate Limited involved an appeal from the District Court by the owners of a luxury property in Queenstown. The case concerned allegations of a breach of fiduciary duties and repudiation of a real estate agency agreement by the listing agency and agent. Ultimately, despite a […]

By : Anja Vogel Aug 28, 2023 Comments Off

Articles

Get to know Shane Swinerd, new partner and property, material damage and business interruption specialist

Tell us about your journey to becoming a partner at W+K I came over from DLA Piper New Zealand in Feb 2022 alongside Peter Leman, Caroline Laband, Misha Heneghan and the team. It was so exciting and refreshing coming to W+K together and feeling so welcome by everyone here (and reuniting with so many old colleagues […]

By : Anja Vogel Aug 18, 2023 Comments Off

Articles

A new way of looking at vicarious liability for abuse?

CCIG Investments Pty Ltd v Schokman [2023] HCA 21 On 2 August 2023, the High Court of Australia overturned an appeal from the Queensland Court of Appeal, finding an employer was not vicariously liable for its employee’s act of drunken urination, which occurred in employer-provided shared accommodation. While we looked at the implications of that […]

By : Anja Vogel Aug 16, 2023 Comments Off

Articles

Get to know Stephen Morrissey, new partner and technology liability specialist

Tell us about your journey to becoming a partner at W+K I joined W+K in 2018, having worked in insurance since 2009. Since joining W+K, I have been fortunate enough to work with a number of market-leading lawyers who have assisted me to develop my skills and provided an environment where my career progression has […]

By : Anja Vogel Aug 11, 2023 Comments Off

Articles

High Court overturns decision in vicarious liability case involving ‘bizarre’ conduct

CCIG Investments Pty Ltd v Schokman [2023] HCA 21 On 2 August 2023, the High Court of Australia overturned an appeal from the Queensland Court of Appeal to find the employer was not vicariously liable for an employee’s tortious act, which occurred in employer-provided shared accommodation. In Schokman, the High Court considered that the mere […]

By : Anja Vogel Aug 8, 2023 Comments Off

Articles

Queensland Supreme Court grants another permanent stay of proceedings in historical sexual abuse case

ADA v State of Queensland [2023] QSC 159 On 24 July 2023, the Queensland Supreme Court granted a permanent stay of proceedings involving two allegations of sexual abuse that were alleged to have occurred in 1968 and 1973. The claims were made against the State of Queensland but will have equal standing against similar cases […]

By : Anja Vogel Aug 2, 2023 Comments Off

Articles

Get to know Leanne Ho, new partner and community & pro bono specialist

Tell us about your journey to becoming a partner at W+K My journey to partner has possibly been one of the most unorthodox ones, which is what makes it special. My human rights lawyering path has included roles in community legal centres, advising United Nations peacekeeping missions in Kosovo and Liberia, and more recently as […]

By : Anja Vogel Jul 28, 2023 Comments Off

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