Tag Archives: SYDNEY LAWYERS

Anti-bullying Laws Quarterly Report

ON 23 APRIL 2014, the Fair Work Commission released its Anti-Bullying Quarterly Report for the Jan-March 2014.

Click to access AB-Q3-FYR13-14.pdf

The quarterly report monitors the impact of the new anti-bullying laws which commenced at the beginning of 2014.

Lawyers 1300 00 2088

Security of Payment changes

ON 21 APRIL 2014, changes to the Building and Construction Industry Security of Payment Act 1999 took effect with the commencement of the Building and Construction Industry Security of Payment Amendment Act 2013 No 93.

Click to access bacisopaa2013n93713.pdf

http://www.austlii.edu.au/au/legis/nsw/num_act/bacisopaa2013n93713

The changes include:

  • prompt or maximum payment terms for progress payments
  • a requirement that head contractor claims have a supporting statement declaring subcontractors engaged have been paid what is due and payable
  • a removal of  the requirement that a claim state that it is made under the Act

https://www.procurepoint.nsw.gov.au/supplying/security-payment

Lawyers 1300 00 2088

2 Koowong Avenue, Mosman NSW 2088

Andrew Burges Architecture v Mosman Council [2006] NSWLEC 187 (10 April 2006).

http://www.austlii.edu.au/au/cases/nsw/NSWLEC/2006/187.html

Mosman Municipal Council v Keesing [2006] NSWLEC 836

Mosman Municipal Council v Keesing [2006] NSWLEC 836 (18 April 2006).

http://www.austlii.edu.au/au/cases/nsw/NSWLEC/2006/836.html

Lawyers

Sydney, Australia

1300 00 2088

NSW Recorded Crime Statistics 2013

ON 10 APRIL 2014, the NSW Bureau of Crime Statistics and Research released the NSW Recorded Crime Statistics 2013.

Click to access rcs2013.pdf

Statewide

  • Most major categories fell or remained stable in the 24 months to December 2013.
  • Significant downward trends were shown in seven of the major offences, including robbery without a weapon (down 11.2%), break and enter dwelling (down 13.3%), break and enter non-dwelling (down 10.5%), motor vehicle theft (down 12.9%), steal from motor vehicle (down 5.0%), steal from person (down 11.8%) and malicious damage to property (down 8.1%).
  • Increases were recorded with respect fraud (up 13.2 per cent) and indecent assault, act of indecency and other sexual offences (up 7.8%).
  • Non-domestic assaults were stable.

Greater Sydney

  • ndecent assault, act of indecency and other sexual offences increased in the Inner West (up 41.6%), the Outer South West (up 9.0%) and the South West (up 11.5%).
  • Stealing from a retail store increased more than 20% in the Northern Beaches, Outer West & Blue Mountains and Ryde.
  • Break and enter dwelling increased 23.7% in Sutherland but fell in Blacktown (down 25.8%), the Central Coast (down 23.1%), the City and Inner South (down 9.4%), the Eastern Suburbs (down 28.2%), the Inner West (down 17.7%), North Sydney and Hornsby (down 30.8%) and the Northern Beaches (down 21.3%).

Outside Greater Sydney

  • Fraud increased in Central West (up 32.8%), Coffs Harbour-Grafton (up 41.5%), Richmond-Tweed (up 18.6%) and the Southern Highlands and Shoalhaven (up 58.3%).
  • Most areas experienced either stable or falling trends.
  • Break and enter non-dwelling and motor vehicle theft were particularly fell in 9 out of 13 statistical areas.

Other changes

  • Assault police increased (up 18.1%, from 2,234 offences in 2012 to 2,639 offences in 2013).
  • Drug offences increased, including possession/use of cocaine (up 16.9%), possession/use of amphetamines (up 5.7%) and dealing/trafficking in cannabis (up 8.4%).
  • Other increases included prohibited and regulated weapons offences (up 15.2%), breach bail (up 6.0%), other offences against justice procedures (up 17.9%) and transport regulatory offences (up 20.3%).
  • Shooting incidents were highly variable but did not exhibit any upward or downward trend in the period.

Lawyers 1300 00 2088

Commonwealth Bank of Australia v Barker [2014] HCATrans 74

TRANSCRIPT of day two in Commonwealth Bank of Australia v Barker [2014] HCATrans 74 (9 April 2014).  Decision reserved.
http://www.austlii.edu.au/au/other/HCATrans/2014/74.html

Lawyers

1300 00 2088

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.

Lawyers 1300 00 2088

Commonwealth Bank of Australia v Barker [2014] HCATrans 73

TRANSCRIPT of High Court day one in the matter of Commonwealth Bank of Australia v Barker [2014] HCATrans 73 (8 April 2014). Adjourned to 9 April.

http://www.austlii.edu.au/au/other/HCATrans/2014/73.html

Lawyers

1300 00 2088

Taylor v The Owners – Strata Plan No 11564 & Ors [2014] HCA 9

ON 2 APRIL 2014, the High Court of Australia delivered Taylor v The Owners Strata Plan 11564 [2014] HCA 9.

The appellant, Susan Taylor, successfully appealed a decision of the NSW Court of Appeal with respect to a claim for a fatal accident  involving her late husband, Craig Taylor.  The deceased was killed on 7 December 2007, when an awning outside a shop on Sydney Road, Balgowlah, collapsed on him. The appellant made a claim under the Compensation to Relatives Act 1897 on her own behalf and on behalf of the dependants of the deceased. Part of the claim involved a loss of expectation of financial support.

The High Court held that s12(2) of the Civil Liability Act 2002 (NSW) (which limits damages for economic loss and loss of expectation of financial support) does not apply to claims under the Compensation to Relatives Act 1897 (NSW).  It was held that Act is to be construed so that the limits imposed by the section related to the “claimant” but not the deceased.  Accordingly, when assessing damages for loss of expectation of financial support, the court was not required to disregard the amount by which the deceased’s gross weekly earnings, but for his death, would have exceeded three times the average weekly earnings.

Lawyers

Sydney, Australia

1300 00 2088

NSW Registrar of Births, Deaths and Marriages v Norrie [2014] HCA 11

ON 2 APRIL 2014, the High Court of Australia delivered NSW Registrar of Birth, Deaths and Marriages v Norrie [2014] HCA 11 (2 April 2014).

The High Court held that a person’s sex can be registered as “non-specific”.

http://www.austlii.edu.au/au/cases/cth/HCA/2014/11.html

Lawyers

Sydney, Australia

1300 00 2088