Many months have passed since the arrival of COVID-19. With this has come many changes and protocols once foreign to us; social distancing, contacting tracing, or hygiene conscious practices have now become concepts filled with a sense of familiarity. Apart from these changes, the legal sphere in Queensland has also seen changes. One such industry … Read more

AAI Limited v Caffrey [2019] QCA 293 The Queensland Court of Appeal has recently confirmed that drivers owe a duty of care not only to passengers and other drivers, but also to police officers or any other rescuers who attend an accident scene. Background On 17 February 2013, a Queensland Police officer – David Caffrey – … Read more

Apparently, it’s not the effort that counts when it comes to education and student achievement. A recent Supreme court decision highlighted this in finding that Universities are under no obligation to confer degrees on students merely because they put in a good effort and ‘worked hard’. See: Alskeini v Queensland University of Technology.[1] Background: A … Read more

Injurious falsehood is an action in torts that can be brought against an individual/business for publishing false statements with malicious intent, resulting in some form of damage (generally financial damage). This is similar to defamation, however, ought to be distinguished as injurious falsehood is available for larger businesses and is concerned more with economic loss … Read more

On 2 December 2020, the COVID-19 Emergency Response and Other Legislation Amendment Act 2020 (‘COVID Extension Act’)was passed by the Queensland Parliament. This was later assented on 4 December 2020. One of its key objectives, as articulated by the Explanatory Notes, is to ‘extend the operation of all COVID-19 related legislation which is still required … Read more

Australian Securities and Investments Commision v RI Advice Group Pty Ltd [2020] FCA 1277 In June 2020, the federal government announced a $1.35 billion investment into protecting Australian businesses from foreign and domestic cybercrimes and cyber threats. Following this announcement, Prime Minister Scott Morrison emphasised the need for all Australians to remain aware and vigilant in mitigating the ongoing risks of cybersecurity.   Sectors … Read more

The Lighthouse Project is an initiative of the Family Court of Australia and the Federal Circuit Court of Australia (“the Courts”) to better protect parties and children involved in family law proceedings who are experiencing family violence and/or other safety risks.   How does it work?  The Lighthouse Project involves the following process:  Screening  When a party files an Initiating … Read more

Following the unpredictable and complex nature of the 2020 employment landscape, our office has compiled some ‘best practice tips’ to help employers venture into the new year with confidence and understanding. TIP 1: Save money in the long run by investigating employee concerns Failing to investigate employee concerns can be costly. One employer learned this … Read more

Belmont v McDonalds Australia Limited [2020] QDCv 319 In a decision from the District Court of Queensland delivered on 11 December 2020, a 46-year-old mother was denied her claim for compensation against McDonalds Australia Limited (‘McDonalds’). The decision is another reminder that every case will turn on its own facts, and to always look out … Read more

HDI Global Specialty SE -v- Wonkana No. 3 Pty Ltd [2020] NSWCA 296 (18 November 2020)  On 18 November 2020, the New South Wales Court of Appeal delivered the landmark decision for the COVID-19 business interruption insurance test case. The Court of Appeal found in favour of a group of businesses claiming insurance for business interruption as a result of the COVID-19 pandemic. This decision, along with its wide-reaching … Read more

The Legislative reforms in 1996 removed the words ‘custody’, ‘access, and ‘guardianship’ from the Family Law Act 1975 (Cth) (“the Act”) to further discourage parents to view children as possessions and to encourage them to focus not on legal intervention but on the fundamental need for children to develop a close and meaningful relationship with both parents whenever … Read more

In accordance with Prime Minister Scott Morrison’s speech to Parliament on 22 October 2020 in relation to the National Redress Scheme for Institutional Child Sexual Abuse (the “Redress Scheme”), the government is looking to expand the scope of institutions which will be obliged to join the Redress Scheme. At the moment, the proposed legislation is … Read more

The Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Act 2020 was assented to by Queensland Parliament on 14 September 2020.   This article will summarise three key changes to the Criminal Code which have arisen from this amending Act. Note the changes are to take effect on a day to be fixed … Read more

Case Note: Commissioner of Police v Barbaro [2020] QCA 230 Lawyer – Client privilege was seen to constitute a ‘reasonable excuse’ for the refusal to comply with a valid police search warrant in the recent case of Commissioner of Police v Barabaro [2020] QCA 23. This case reinforces the importance of maintaining client privilege and … Read more

WCB v Roman Catholic Trusts Corporation for the Diocese of Sale [2020] VSC 639 In a significant decision regarding historical child sexual abuse claims in Australia, the Supreme Court of Victoria has permitted a former altar boy to proceed with his claim for compensation against the Catholic church despite receiving a prior settlement in 1996. … Read more

A primary carer in family law is the person with whom the child spends the most time with. Most often, this is a parent, however, a primary carer can also be a child’s grandparents, aunts, and uncles.   In some parenting matters, the court may need to assess who a child’s primary carer is as this may assist the court in determining … Read more

The recent case of University of Queensland & Anor v Y [2020] QCA 216 provides an insight into the prospects of contractual obligations of learning institutions for students who have since left or graduated. The implications of this decision of the Queensland Court of Appeal extends widely to learning, religious and incorporated bodies and prompts … Read more

Case: Qantas Airways Ltd v Australian Licensed Aircraft Engineers Association (No 3) [2020] FCA 1428 Qantas Airways have had a significant win against the unions this week with the Federal Court ruling that the airlines decision to stand down hundreds of aircraft engineers without pay during the COVID-19 pandemic was due to no fault of the airline. … Read more

Deep in the 6 October 2020 Federal Budget papers is an announcement about significant extra funding for compliance review work by the ACNC over the next 3 years. Australian Charities and Not-for-profits Commission Review Program Payments The Government will provide $2.9 million over three years from 2020-21 [$0.5M in 20-21, and $1.2M in each of … Read more

Falls in the workplace resulting in injuries are not uncommon and compensation claims are a foreseeable consequence of these falls. Whilst it is recognised that an employer owes a duty of care to its employees, there are circumstances where courts will refrain from attributing the fall and any resulting injuries to the employer. One such … Read more