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07November 2016

Project Bank Accounts and Local Governments

Lex Orange, Partner

The Queensland Government is contemplating introducing a trial of ‘project bank accounts’ to ensure security of payments to subcontractors. This proposal has been trialled in New South Wales, the Northern Territory, Victoria and Western Australia, typically for government projects. Before project...

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06November 2016

Lost in translation: The extent of the duty to warn

By Luke Gollan, Solicitor

Medical practitioners will be acutely aware of the need to ensure that a patient who is undergoing a procedure is warned of the risks associated with the procedure. Biggs v George [2016] NSWCA 113 recently tested the duty on a...

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02November 2016

Apportionment of liability: The duty owed by a private hospital

By Jennifer Davis, Solicitor

The Supreme Court of New South Wales recently delivered judgment in a cross-claim for contribution made by a surgeon against a private hospital. The Court was asked to determine the nature and extent of duties owed to a patient where...

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21October 2016

Labour Hire Agreement Justified Termination of Employment

Laura Gallagher, Solicitor

An employee dismissed by a labour hire company at the request of a host employer was not unfairly dismissed, in circumstances where the labour hire employer was fulfilling a contractual obligation to remove an employee from the worksite. In Pettifer v...

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14October 2016

Employer Liable for Threats to Carer

Olga Sashko, Senior Associate

In Greenway v The Corporation of the Synod of the Diocese of Brisbane (2016) QDC 195, an employee was been awarded over $450,000.00 following an incident at work whereby she was subject to verbal abuse and physical aggression by a...

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07October 2016

Alteration of Medical Certificate Justified Summary Dismissal

Mark Curran, Partner

An ill employee who altered a medical certificate in order to facilitate a return to work was found to have engaged in misconduct, constituting a valid reason for summary dismissal.  Further, such summary dismissal was not harsh, unjust or unreasonable...

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