New Skills in Demand visa proposed from late 2024
One of the 8 keys actions forming part of Australia’s new Migration Strategy relates to a new visa category known as a Skills in Demand visa. The commitment to develop this new visa envisages its holders having full mobility in terms of their employment parameters and a clear pathway to permanent residence.
Can my employer use a restraint of trade to prevent me from working for a competitor?
In this blog, we focus on one particular kind of restraint, the “non-compete” covenant, which is an obligation contained within a contract of employment that expresses itself as preventing an employee from working for one or more alternative employers or a certain class of them or establishing a competing business of their own.
Anglican Church defends position in child sexual abuse case against the WACA
In court proceedings in Western Australia, the Anglican Church finds itself at the centre of a complex case involving historical child sexual abuse. Two survivors of child sexual abuse are seeking to include the Church (as a further defendant) in proceedings related to abuse they endured at the hands of an employee of the Western Australian Cricket Association.
Health practitioners’ obligations to disclose an impairment to the health regulator
When is it necessary to notify the Australian Health Practitioner Regulation Agency that you or another practitioner is suffering a health impairment? We explore health practitioners’ mandatory reporting obligations to AHPRA, of an impairment and what happens once a disclosure is made.
Worker’s compensation claims for psychological injury in Tasmania
In Tasmania, workers are entitled to worker’s compensation for psychological injuries sustained in the workplace. It’s important that workers making claims for psychological injuries are aware of their rights, particularly if the claim is disputed.
Supreme Court NSW denies child sexual abuse survivor to revisit settled claim
We review a NSW Supreme Court decision to refuse the application made by a child sexual abuse survivor to set aside a deed of settlement in respect of a previously settled abuse compensation claim against Knox Grammar School.
Pay equity under the Fair Work Act - Equal Remuneration Orders
Despite significant headway in recent years in campaigns for equal pay for women, we are still some way off pay equality. In 2022, the Albanese Government took steps to expand that power in the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022. The full effect of these recent amendments has yet to be realised.
Strengthening Australian visa refusal and cancellation parameters
A new immigration Ministerial Direction (known as MI110) aimed at tightening the parameters for decision makers regarding what factors should be given weight when considering Australian visa refusals or cancellations came into effect from 21 June 2024.
Defence strategy sees driver retain licence with no conviction recorded
In November 2023, we represented a member of the United Workers Union in relation to a charge of driving across double unbroken lines to make a U-turn in New South Wales. If convicted, the charge could have resulted in a penalty of three demerit points and a fine. However, a considered defence strategy resulted in the charge being dismissed, and no conviction was recorded.
Key appointments strengthen Hall Payne’s commitment to the union movement
The appointment of Sunil Kemppi and Mark Diamond show Hall Payne’s continued growth of the firm's industrial team in NSW and nationally. We are very excited to have two exceptional lawyers and trade unionists join our national team industrial practice where we have no doubt they will make an immediate and positive impact for our clients.
Workers’ compensation journey claims when travelling to and from work
There are different compensation schemes in Queensland depending on whether an injury occurred due to a workplace accident or as a result of a motor vehicle accident. Sometimes, a worker may be injured in a road accident while travelling to or from work. This poses the question: “Is it a workers’ compensation claim or a motor vehicle accident claim, or both?”
Child sexual abuse and exploitation of power in Australian schools
The 2024 sentencing of WA teacher Nicholas Visser, for child sexual abuse crimes, exposes the dark reality of individuals entrusted with the well-being and education of students. This blog explores the impact of child sexual abuse on victims and the compensation avenues available.