Author adminPosted on Categories civil litigation 4 Comments on District Court stays claim because of Australian Financial Complaints Authority’s bureaucratic bumbling
Westpac’s social responsibility department reacts to the banking Royal Commission.
“The nine most terrifying words in the English language are: I’m from the Government, and I’m here to help.”
President Ronald Reagan, AUGUST 12, 1986
It is well known that many public bodies these days are obsessed with political correctness and identity politics, and spend a lot of their time fussing on topics such as equity, diversity, inclusion, harmony days, ‘unconscious bias’, and the like. Once can only imagine that they hold regular meetings where they talk about topics such as their gender pronouns, paleo pear and banana bread, and what a relief that in a few months time the Morrison federal government will be replaced by a Labor-Greens Coalition, but how the ideal would be a Greens Government with Adam Bandt as Prime Minister and socialism being tried once again.
Continue reading “District Court stays claim because of Australian Financial Complaints Authority’s bureaucratic bumbling”
Author adminPosted on Categories Industrial relations 2 Comments on High Court upholds freedom to contract casually
Robert Rossato was employed by WorkPac, a labour-hire company pursuant to a series of six contracts, or “assignments” between 28 July 2014 and 9 April 2018, when he retired. During that time, WorkPac provided his services to Glencore at one or other of the Collinsville and Newlands mines. Each contract was entitled “Notice of Offer of Casual Employment – Flat Rate” except for the third contract, which was entitled “Notice of Offer of Casual Employment”. At all relevant times, WorkPac treated Mr Rossato as a casual employee.
Most of the time, Rossato worked according to either a “7/7 roster” (seven days on, seven days off) or a “5/5/4 roster” (five days on, five days off, four days on, five days off, five days on, four days off). The only exceptions to these arrangements were when he undertook additional training or inductions, and during mine shutdowns. Rossato was never asked by WorkPac or Glencore whether he intended to attend work on a day he was rostered; nor did Rossato ever enquire whether he would be required to attend work on a day he was rostered.
On 2 October 2018, in reliance on the decision in WorkPac Pty Ltd v Skene [2018] FCAFC 131, Rossato wrote to WorkPac claiming that he had not worked for it as a casual employee, and claiming that he was entitled to be paid for untaken annual leave, public holidays, and periods of personal leave and compassionate leave taken by him during his employment. These entitlements were said to be due under the Fair Work Act 2009 and the WorkPac Pty Ltd Mining (Coal) Industry Enterprise Agreement 2012, which governed Rossato’s employment.
Continue reading “High Court upholds freedom to contract casually”
Author adminPosted on Categories civil litigation, Defamation, litigation, Negligence, Personal Injury 3 Comments on Time to sue: The law of limitation periods
Are there time limits on when you can sue? Read about what limitation periods are, and how they work.
Limitation periods in the law impose time limits within which types of civil proceedings should ordinarily be commenced. In commercial litigation, statutes of limitations impose most of the limitation periods. In Queensland, the statute of limitations is the Limitation of Actions Act 1974.
There are other time limits imposed under the law, but this article concerns time limits imposed under statutes of limitations, particularly the Limitation of Actions Act 1974 (Qld).
Continue reading “Time to sue: The law of limitation periods”
Author adminPosted on Categories Industrial relations, Professional discipline 3 Comments on Bangalow lawyer loses appeal against successful sexual harassment suit Former solicitor Owen Hughes, who likened himself to “a sleek kangaroo” and novelist Jane Austen’s noble brooder Mr Darcy in Pride and Prejudice, has lost his appeal against a judgment for sexual harassment he perpetrated against an employee.
This blog had previously reported on the Owen Hughes sexual harassment case brought by a former employee of his law practice.
Junior/trainee solicitor Catherine Mia Hill began working with Owen Hughes’ Bangalow based law firm Beesley and Hughes Lawyers in May 2015. Soon after, Hughes offered to represent her in a mediation for her own family law matter, and she agreed.
A couple of months later, Hughes started his course of sexual harassment by sending Hill emails telling her that he thought she was attractive, and he wanted to be in a relationship with her.
Continue reading “Bangalow lawyer loses appeal against successful sexual harassment suit”
Author adminPosted on Categories Industrial relations Leave a comment on James Cook University wins appeal against Professor Peter Ridd
In a blow to academic freedom, James Cook University (JCU) has won its appeal against a judgment in favour of a sacked academic who challenged climate science alarmism.
Continue reading “James Cook University wins appeal against Professor Peter Ridd”
Author adminPosted on Categories civil litigation, Legal profession, litigation, Professional fees 3 Comments on The law of lawyers bills in Queensland
Introduction
For a very long time in Commonwealth legal systems, the legal profession has been regulated for the benefit of clients of lawyers and the public at large. Among other things, there has been a recognised public interest in protecting those liable to pay legal fees from overcharging by lawyers. One of those protections is and has been the legal requirement for a bill to be provided so that the client can seek advice on the fees and charges.
As a result, one of the many modern obligations that lawyers in English legal systems have to comply with in the course of legal practice is to provide clients and any other persons liable for their fees with proper bills before such persons can be liable for or sued for such fees. Continue reading “The law of lawyers bills in Queensland”
Author adminPosted on Categories civil litigation, Industrial relations, Professional discipline 4 Comments on Bangalow lawyer Owen Hughes successfully sued for sexual harassment A Bangalow solicitor’s sexual harassment of a single mum who worked for him has proven to be costly, and may well end his legal career.
This blog had previously reported on the Owen Hughes sexual harassment case brought by a former employee of his law practice.
Junior/trainee solicitor Catherine Mia Hill began working with Owen Hughes’ Bangalow based law firm Beesley and Hughes Lawyers in May 2015. The evidence showed that that he thought Hill was attractive, wanted to be in a relationship with her and that he communicated that to her. Hughes offered to represent her in a mediation for her own family law matter, and she agreed. Continue reading “Bangalow lawyer Owen Hughes successfully sued for sexual harassment”
Author adminPosted on Categories civil litigation, Personal Injury 2 Comments on Claimant loses injury case for being out of contact to his solicitors
The Claimant Warren Jonathan was injured in a motor vehicle accident on 4 August 2012. He subsequently through his solicitors sent to the CTP insurer RACQ a Notice of Accident Claim form under the Motor Accident Insurance Act 1994. The insurer confirmed that the form was compliant with Motor Accident Insurance Act requirements and later admitted liability in full for the accident. Continue reading “Claimant loses injury case for being out of contact to his solicitors”
Author adminPosted on Categories civil litigation, Judiciary 2 Comments on Judge McGill SC goes out in a blaze of glory in appeal decision Judge John McGill SC has been a stalwart of the District Court for over 20 years. His final judgment, an appeal against a decision of Magistrate Suzette Coates, has made him leave the bench with a bang and not a whimper.
Those who are familiar with civil litigation in the Magistrates Court know that it is an unfortunate reality that occasionally litigants will receive “rough justice”. This is often due to the lack of knowledge of civil litigation and/or the flippant attitudes of some Magistrates. This observation in no way is intended to criticise the vast majority of Queensland Magistrates, who are conscientious and serve their state well. Continue reading “Judge McGill SC goes out in a blaze of glory in appeal decision”
Author adminPosted on Categories civil litigation, Industrial relations, Liberty, litigation, Unfair dismissal Leave a comment on Israel Folau settles claim with Rugby Australia
Following a marathon mediation, former Wallabies star Israel Folau and Rugby Australia have settled their dispute over the termination of Folau’s employment with Rugby Australia after he made controversial comments on Twitter about homosexuality.
The case was notable and of political significance because it highlighted the tensions between the rights of employers to dismiss workers to preserve their own reputational interests, freedom of religion, and employees being able to publicly express their own opinions outside of work. Continue reading “Israel Folau settles claim with Rugby Australia”
