Luke Borgert 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. This Court formed this view on the basis that it was “just and reasonable” … Read more
Historical Child Sexual Abuse Lawrence v Christian Bros [2020] WADC 27 In February of this year, Chief Justice Herron of the District Court of Western Australia ordered that catholic religious organisation, Christian Brothers, pay $1,329,500.00 in damages to Mr. John Thomas Lawrence. The case concerns systemic and traumatic child sexual abuse against Mr. Lawrence which … Read more
This is a case note on when a cough during COVID-19 can lead to an unfair dismissal? See: Hooshmand v Cater Care Australia Operations Pty Ltd [2020] FWC 4371 On 27 March 2020, as the risk of a COVID-19 pandemic in Australia became heightened, Mr Hooshmand (‘the employee’) arrived to work for Catering Care Operations … Read more
The Workers’ Compensation and Rehabilitation Act 2003 (the Act) establishes a workers’ compensation scheme for Queensland – providing benefits for workers who sustain an injury in their employment. The Act outlines employers’ obligation to be covered against liability for compensation and damages either under a WorkCover insurance policy or under a licence as a self-insurer.[1] … Read more
On Sunday morning, while scrolling along my social media newsfeed, I came across one of those inspirational, uplifting (and often yes, I concede, sappy) America’s Got Talent Audition videos. This audition video centred around a 45 year old man African American man named Archie Williams who, in 1983 was incarcerated for the rape and murder of a 32-year-old woman in the State of Louisiana. … Read more
The Coronavirus pandemic has impacted employers and employees alike and many have been detrimentally affected financially. This is not only limited to owners of football clubs. There are a few things to keep in mind when making a decision to stand down employees without pay. In the following situation we refer to the players of … Read more
False and misleading statements used to enter into a landlord tenancy lease agreement can amount to compensation if proven by the tenant. The Retail Shop Leases Act 1994 (Qld ) provides “reasonable compensation for loss or damage suffered by the [tenant] because… the [tenant] entered into the lease, including a renewal or assignment of the lease, on the basis of a … Read more
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