Blog

What does the court consider in a stay of proceedings application?

Child abuse claims - can they be thrown out of court?

In this article we will consider what is a ‘stay of proceedings’ and look at what a court might consider to grant an application for a permanent stay of proceedings in child abuse claims.

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Workers compensation claims for PTSD for first responders and emergency workers made easier with changes to the law in May 2021

Legislative win for first responders and emergency workers in Queensland workers’ compensation changes

In May 2021. changes to workers compensation (QLD) allow easier access to compensation for first responders and other emergency workers who sustain a post-traumatic stress disorder (PTSD) injury during the course of their employment.

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What is an independent children’s lawyer?

What is an independent children’s lawyer?

In certain family law proceedings, an independent children’s lawyer will be appointed to represent the best interests of your child. Your child will not be able to instruct the ICL nor choose the lawyer they want to represent them during your proceedings.

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What the law says about an employer’s obligation to provide suitable duties after a workplace injury

Worker’s compensation NSW – an employer must provide suitable duties for injured workers in certain circumstances

Workers who have an accepted workers compensation claim in NSW, generally assume that they will return to work on “suitable duties” when possible. But what happens if an employer refuses to offer suitable duties?

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Federal Court finds income protection insurer TAL breached its duty to act with utmost good faith

Federal Court determines insurer acted unfairly in cancelling policy and demanding $24,649.91 from the insured individual

After being diagnosed with cervical cancer in 2014, a woman made a claim on her income protection insurance. Not only was the claim was denied by TAL, but they also cancelled her insurance policy and advised her that she owed them $24,649.91 for a “breach of your duty of good faith”.

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Can my Attorney in my Enduring Power of Attorney receive gifts?

Enduring Power of Attorney and providing gifts to your attorney

Enduring Powers of Attorney allow you to appoint someone to act on your behalf should you be unable to do so. Any transactions with your Enduring Attorney or a relation, business associate or close friend of the attorney including gifts, raises a presumption of undue influence.

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Hay Point Services fined over $40,000 by Full Court for breach of enterprise agreement

Win for CFMMEU against employer for breach of enterprise agreement clause related to unreasonable overtime

Hall Payne Lawyers wins another case for CFMMEU with employer having fine imposed by the Federal Court in the sum of $40,500.

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Injured truck driver appeals initial ruling and sees compensation payment go from $764,000 to $967,000

Truck driver’s workers compensation appeal increases payout from $764,000 to $967,000

The recent Queensland Court of Appeal decision of Peebles v WorkCover Queensland has seen an injured worker’s damages increase significantly from $764,052.92 to $967,052.92. The Queensland Court of Appeal found that the trial judge had discounted economic loss too heavily and underestimated future weekly loss.

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Can an employer force its employees to take annual leave?

Can you be directed to take annual leave during a temporary shut down?

Requesting employees take annual leave, particularly during traditional holidays, including Christmas/New Year and Easter is not uncommon. This triggers an important question: can an employer lawfully force you to take annual leave during a temporary shutdown?

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What conditions can be set in Domestic Violence Orders?

What conditions can the court impose in Domestic Violence Orders?

A Domestic Violence Order is a document issued by a court which orders a person to stop threats or acts of domestic violence. In this article, we will look at the conditions set by the court in a DVO and the duration of Protection Orders.

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Childcare worker loses appeal to Fair Work Commission after being dismissed for refusing to have a flu shot

Sacked for refusing flu vaccine

A childcare worker in Gladstone (Queensland), who was dismissed for repeatedly refusing to get the flu vaccine, has lost her unfair dismissal case against her employer, Goodstart Early Learning.

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What are my options if my employer is not paying my superannuation guarantee contributions?

My employer hasn’t been paying my superannuation guarantee

In Australia, employers are required to pay a minimum percentage of eligible employees’ earnings into a superannuation fund. This is called the ‘superannuation guarantee’ and is designed to fund retirement. Some employers are not paying the required super guarantee payments which leads us to the question, ‘What can you do about unpaid employer contributions of superannuation?”

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