It’s the Effort that Counts – Isn’t It?

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

COVID-19 Extension Act: An Update on some Key Changes

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

Leigh v Bruder Expedition Pty Ltd: Injurious Falsehood – What is the standard required to prove malice?

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

2020 Employer Takeaways

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

ASIC’s Cybersecurity and Privileged Documents Test Case

Australian Securities and Investments Commision v RI Advice Group Pty Ltd [2020] FCA 1277 Cybersecurity continues to be an area of focus for businesses and organizations. 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 … Read more

Redress Scheme Updated Registration Requirements

In accordance with 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 in draft … Read more

Legal privilege trumps police search warrant

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 Barbaro [2020] QCA 23. This case reinforces the importance of maintaining client privilege and … Read more

Federal Court rules that Qantas aircraft engineers stand-downs was reasonable

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

Case Note – University of Queensland & Anor v Y [2020] QCA 216

The 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 important … Read more

Falls in the Workplace

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