30 Apr 2025
Changes coming to NSW workers compensation for psychological injuries
The NSW government has foreshadowed changes to workers compensation legislation that will tighten access for psychological injuries. Massive upsurge in claims The state government has warned the NSW workers compensation system is “unsustainable” unless it cuts back on victims’ eligibility for payments for workplace psychological injuries. These can include PTSD, anxiety and depression. Treasurer Daniel […]
Read the full story10 Apr 2025
How not to have a mortgagee sale
Mortgagee sales increasingly common In our offices, we are suddenly seeing an unfortunate rise in mortgagee sales. A mortgagee sale occurs if a property owner can no longer meet their mortgage repayment obligations, and their lender or bank forces the property to be sold. Disadvantages of distressed property sales There are significant downsides for a […]
Read the full story19 Mar 2025
Court finds school’s duty of care extends beyond school gate
The NSW Supreme Court recently ruled that a school had failed in its legal duty of care for a 14-year-old boy after he suffered an unprovoked attack, even though it occurred outside school hours and beyond the school grounds. Student attacked outside school gate after end of school day The former Sydney schoolboy won $1.75 […]
Read the full story13 Mar 2025
Institutions can be vicariously liable for sexual abuse
Victorian government pays $8 million settlement to sexual abuse survivor Recent cases in Australia demonstrate that institutions can be vicariously liable for sexual abuse. In 2024 a survivor of sexual abuse by a teacher at a Melbourne primary school was awarded an $8 million settlement against the Victorian Education Department, in what is believed to […]
Read the full story12 Mar 2025
Farm injuries show safety must be taken seriously
Farm injuries are unfortunately quite common – farming can be a dangerous occupation. Work on farms accounts for one in every five workplace deaths in NSW, with quad bikes, heavy vehicles, animal handling, biosecurity hazards, machinery, tree accidents and electrical work among the most common hazards. Farm injuries report demonstrates need for farm work safety […]
Read the full story07 Mar 2025
Strata owners corporation convicted over site death
A strata owners corporation of commercial premises was recently convicted in the NSW District Court after a damaged heavy gate fell on a worker, resulting in his death. First conviction of owners corporation for failing to prevent industrial accident SafeWork NSW, which brought the court action, said it was the first conviction of an owners […]
Read the full story06 Mar 2025
Police PTSD compensation claims
Police deal with terrible traumatic incidents in the course of their work, which can lead to post traumatic stress disorder (PTSD). Not only do they investigate violent crimes, where they are often first on the scene of gruesome murders, but many also face personal threats or attacks by angry or deranged members of the public. […]
Read the full story28 Feb 2025
NSW rail transport strikes and the poker game of industrial relations
Pay dispute between rail workers and transport authorities The dynamics of industrial relations have much in common with the game of poker. Successful players can conceal their thoughts from opponents and bluff them into misreading the strengths and weaknesses of a hand. Over the past few months, NSW transport authorities, and the transport unions, have […]
Read the full story10 Jan 2025
Increased pressure on nurses leads to back injury, rotator cuff injury and tendonitis
Back pain is one of the most common injuries for nurses and paramedics, often caused by hurriedly lifting patients or equipment in high-pressure settings. This can lead to a lower back injury strain, rotator cuff injuries and tendonitis. Slips, trips and falls also contribute to these injuries. Nurses dealing with staffing shortages, increased workloads and […]
Read the full story12 Dec 2024
Work on waterfront land requires approval
It is an offence to carry out “controlled activities” on waterfront land without an approval. This refers to construction work and also to clearing or depositing rocks, sand or plants. What is considered waterfront land? Waterfront land is defined as the bed of a waterway and the land 40 metres from the mean high bank. […]
Read the full story31 Oct 2024
Illegal building works – the horror story edition
Illegal building works create obstacles in property transactions Property prices have soared in recent years, making real estate one of the most significant investments that most Australians will ever make. Whether buying or selling a property, the last thing anyone wants is to encounter unexpected legal or financial hurdles due to illegal building works. Unapproved […]
Read the full story16 Oct 2024
Should 16-year-olds be allowed to vote?
For the first time, 16-year-olds in Europe were allowed to vote in the June 2024 election for the European parliament, and they turned out in droves. Where can 16-year-olds vote? Sixteen-year-olds can vote in a number of countries, including Argentina, Austria, Belgium, Brazil, Cuba, Ecuador, Ethiopia, Germany, Malta, Nicaragua and Scotland. Now there is a […]
Read the full story10 Oct 2024
Can I become bankrupt to get rid of my debts?
Bankruptcy a formal option to provide relief from creditors I am drowning in debt. I can’t possibly meet all the bills that have piled up. My business was hit by Covid lockdowns, then the high cost of materials and I can’t continue. If I declare I am bankrupt, will that solve my problems? Will my […]
Read the full story03 Oct 2024
New online defamation defence for publishers “innocently disseminating” third party comments
Changes to online defamation laws in NSW and the ACT came into effect in July 2024. The new law is designed to improve the balance between freedom of speech and the protection of a person’s reputation when someone publishes adverse comments online. “Innocent dissemination” a new defence for online defamation The NSW Defamation Amendment Act […]
Read the full story26 Sep 2024
Changes to labour hire laws for “same work same pay”
Recent changes to labour hire laws are designed to ensure labour hire workers get the same pay as the host company’s regular employees who are doing the same work. Legislation to stop use of labour hire to undercut permanent employees The changes are detailed in one of two pieces of Commonwealth legislation called Closing Loopholes, […]
Read the full story25 Sep 2024
NSW police insurance scheme ends lump sum payments for TPD
Starting 1 October 2024, police insurance arrangements in NSW are changing. Police Blue Ribbon Insurance (PBRI) is being replaced by the Enhanced Police Support Scheme (EPSS), which introduces changes to Total and Permanent Disablement (TPD) coverage for officers. What is Total and Permanent Disability (TPD) insurance? TPD insurance is often included as default cover in […]
Read the full story19 Sep 2024
Cultural heritage and colonial history – should Ned Kelly’s descendants have a claim on his story?
The recent Victorian Supreme Court case of Ned Kelly Centre Ltd v Australian Rail Track Corporation [2023] VSC 421 asks the question of whether a familial connection to land is enough to trigger Victoria’s human rights laws to stop the development of a tourist facility. A second question arises: does Australia’s patchwork human rights legislation […]
Read the full story31 Jul 2024
Tenant rights, rental increases and property repairs
There is mould creeping up the walls of the property you are renting. The kitchen ceiling is dripping. Loungeroom floorboards are broken. The bedroom window is smashed. The garden fence is falling apart. The toilet won’t flush and the shower is leaking. What are your tenant rights to get things fixed in the property you […]
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