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Category Archives: LAW FIRM
Mosman Lawyers
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Grant v State of Victoria (The Office of Public Prosecutions) (No.2) [2014] FCCA 991
ON 22 MAY 2014, the Federal Circuit Court of Australia delivered Grant v State of Victoria (The Office of Public Prosecutions) (No.2) [2014] FCCA 991 (22 May 2014).
A solicitor who had been dismissed for poor performance successfully sued his employer, the Office of Public Prosecutions, for an adverse action under the Fair Work Act 2009 (Cth).
The poor performance was found to be a result of mental illness and that the employer should have understood the implications.
The court ordered that he be reinstated, be paid $93,750 (less tax) and a pecuniary penalty of $10,000.
Employers should reasonably accommodate an employee’s mental illness to allow them to continue in their employment. Poor performance needs to be carefully managed so as to avoid conduct constituting discrimination, harassment and bullying.
Sydney, Australia
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Extension of time for report of the Royal Commission into the Home Insulation Program
ON 15 MAY 2014, the Governor General granted a two month extension to allow Royal Commissioner Ian Hanger QC time to produce his report into the Home Insulation Program.
The Royal Commissioner’s report is due on 31 August 2014.
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Lawyers
Sydney, Australia
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Bolton v Stone [1951] UKHL 2 | 10 May 1951
ON 10 MAY 1951, the House of Lords delivered Bolton v Stone [1951] AC 850; [1951] 1 All ER 1078; [1951] UKHL 2 (10 May 1951).
http://www.bailii.org/uk/cases/UKHL/1951/2.html
Liability does not extend to damage caused by a certain act or omission unless the possibility of causing the damage was reasonably foreseeable at the time.
The damage is not reasonably foreseeable if the likelihood of it happening involves a risk so small that a reasonable person would feel justified in disregarding it.
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New swimming pool laws
ON 29 OCTOBER 2012, new swimming pool laws were introduced with the amendment of the Swimming Pools Act 1992 (NSW) by the Swimming Pools Amendment Act 2012 No 77 (NSW).
The Swimming Pools Act 1992 (NSW) contains a range of measures to restrict access to private swimming pools in the interests of public safety.
Under the new measures, it is compulsory from 29 APRIL 2014 that:
- Private swimming pools be registered on the Online Swimming Pools Register by 19 November 2013.
- Certificates of compliance be included in contracts for sale or lease of land before a property can be sold or leased.
- Councils every 3 years conduct mandatory periodic inspections of pools connected with tourist, visitor accommodation and multiple occupancy premises.
In addition to freehold and leasehold, the laws apply to strata schemes, community schemes and Crown leases.
For further information, go to http://www.swimmingpoolregister.nsw.gov.au/.
Sydney, Australia
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Mosman Lawyer Barry O’Keefe QC dies
ON 26 APRIL 2014, Mosman Lawyer Barry O’Keefe QC died aged 80.
Opening statements to Royal Commission into Trade Union Governance and Corruption
ON 9 APRIL 2014, opening statements were made to the Royal Commission into Trade Union Governance and Corruption.
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