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The Sand Trap That Wasn’t – School Not at Fault: Stanberg v State of New...
OverviewThe NSW District Court determined that a primary school did not breach its duty of care owed to a student who was injured while attempting to qualify for a school athletics carnival in long...
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Hitting the Wall: Vicarious Liability Expansion Denied: Bird v DP (A...
OverviewIn a landmark judgment, the High Court of Australia has limited the application of vicarious liability to employment relationships. key takeawaysThe High Court confirmed that vicarious...
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Significant Changes to Queensland’s Pharmacy Ownership Regime
key takeawaysNew legislation regulating the ownership of pharmacies in Queensland was passed earlier this year.The new legislation refines existing pharmacy ownership rules to align with other...
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Ma Ma MAIA: Borrow statutory benefits for wife’s mental harm?
The legal maxim Expressio unius est exclusio alterius is a Latin phrase meaning that the express mention of one excludes the other. It is a rule of statutory construction requiring the exclusion of...
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Is PTSD overly diagnosed for minor motor vehicle accidents?
Being involved in a motor vehicle accident (MVA) is undoubtedly stressful. In serious MVAs, it can cause both physical and psychological injuries. However, for minor MVAs, the psychological stress is...
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Permanent stay overturned in part: Willmot v State of QLD [2024] HCA 42
OverviewThe High Court granted, in part, the Plaintiff’s appeal to overturn a permanent stay relating to allegations of historical abuse, alleged to have occurred between 1957 and 1967, notwithstanding...
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High Court sets aside a permanent stay: RC v The Salvation Army (Western...
OverviewThe High Court set aside a permanent stay of proceedings relating to allegations of historical abuse, alleged to have occurred in the 1950s and 1960s, despite the death of potential witnesses...
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Rostering employees for public holiday work? Ensure that your rostering...
key takeawaysEmployees cannot be required to work on a public holiday unless a reasonable request is made and the employee has no reasonable grounds to refuse.Employers who require employees to work...
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Old employment contracts, prescriptive policies, and botched dismissal...
The High Court has recently awarded $1.4 million in damages, plus costs, to a former employee of Vision Australia Ltd (Vision) for a serious psychiatric injury suffered following a botched dismissal...
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Pharmacy restructures in Queensland – new duty exemption regime from 1...
key takeawaysNew legislation regulating the ownership of pharmacies in Queensland was passed earlier this year and refines existing pharmacy ownership rules to align with other Australian states.The...
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