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Hicksons continues to grow with latest round of...

Hicksons is pleased to announce its latest promotions marking another step in our commitment to fostering legal talent and leadership.

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Dynamic Business: Building Defects: What They...

“It is important to remember that preventing defects not only protects professionals from legal issues but also contributes to their reputation, customer satisfaction, and the overall integrity of the construction industry.”   In a recent Dynamic Business article, Partner, Chloe Ellis sheds light on the legal implications of building defects and the challenges it presents for construction professionals. She also provides tips to navigating these issues effectively

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Hicksons 2023/24 Holiday Closure Period

Hicksons will be closed for a two-week duration over the Christmas and New Year period.

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‘Fixing the Deeming Provision Dilemma’: how Haddad v The Geo Group shapes disease claims

‘Fixing the Deeming Provision Dilemma’: how Haddad v The Geo Group shapes disease claims

This article summarises the implications of Haddad v The GEO Group Australia Pty Ltd [2024] NSWCA 135 ('Haddad') where it was held that a claim for compensation where incapacity is not a pre-condition, such as for medical expenses or for lump sum compensation, does not automatically default to a deemed date of injury being the date the claim was made as was established in Stone v Stannard Brothers Launch Services Pty Ltd [2004] NSWCA 277 ('Stone v Stannard').  
Blog
From Mistletoe to Misconduct: Key Lessons from Ramlan Abdul Samad v Phosphate Resources Ltd T/A Christmas Island Phosphates for the Festive Season

From Mistletoe to Misconduct: Key Lessons from Ramlan Abdul Samad v Phosphate Resources Ltd T/A Christmas Island Phosphates for the Festive Season

The holiday season, a time for festive cheer and workplace celebrations, often presents unique challenges for employers. As workplaces begin their end-of-year celebrations, the case of Samad v Phosphate Resources Ltd T/A Christmas Island Phosphates [2024] FWC 2868 (Samad v Phosphate Resources Ltd) offers some timely lessons for employers regarding the critical importance of proactive education on workplace policies and clear communication about unacceptable workplace conduct.
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Practice Note SC Gen 23 – Use of Generative Artificial Intelligence

Practice Note SC Gen 23 – Use of Generative Artificial Intelligence

On 21 November 2024, the Supreme Court released Practice Note SC Gen 23 – Generative AI Practice Note and Judicial Guidelines. The Practice Note will commence on 3 February 2025. It seeks to set out how lawyers in litigation should use and engage with Generative Artificial Intelligence (Gen AI) with respect to both closed-source and open-source Large Language Models.
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The Aged Care Act: A New Age for Older Australians

The Aged Care Act: A New Age for Older Australians

The Aged Care Bill 2024 (Cth) passed Parliament on 25 November 2024 with bipartisan support. The Act, to come into force on 1 July 2025, forms the centrepiece of the government’s response to the 148 recommendations contained in the Royal Commission into Aged Care Safety and Quality’s Final Report.  
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A Failure to Consult: The Fair Work Commission confirms even “logical” policy changes and administrative updates require proper employee consultation

A Failure to Consult: The Fair Work Commission confirms even “logical” policy changes and administrative updates require proper employee consultation

Making logical changes to workplace processes should be simple and straight forward. However, a recent decision of the Fair Work Commission (FWC) confirms that employers still need to make sure they follow the additional step of proper employee consultation, or risk a poor outcome in the Commission. This means managers need to ensure employees' feedback has not only been sought, but also be able to demonstrate how employee feedback has influenced the process and been accounted for in the final outcome(s).  
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Industrial Manslaughter – A New Offence for Serious Workplace Safety Failures

Industrial Manslaughter – A New Offence for Serious Workplace Safety Failures

A new offence and serious penalties are now in action across NSW for PCBUs (employers, businesses and the like) and officers (including directors and some senior executives) whose actions or inactions lead to the death of a worker. Although there are no specific new WHS obligations to be aware of, there are new consequences. It is now more important than ever for organisations and senior executives to educate themselves on their obligations under WHS legislation.   
Blog
Does a pay raise in the 52 weeks pre-injury affect a worker’s PIAWE?

Does a pay raise in the 52 weeks pre-injury affect a worker’s PIAWE?

By operation of Regulation 8C, a pay raise has been considered as a change of an ongoing nature to the employment arrangement, resulting in a financially material change to the earnings of the worker.
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Please Stop Talking to Me: Australian Workers NEW Right to Disconnect

Please Stop Talking to Me: Australian Workers NEW Right to Disconnect

The Federal Government has moved to further regulate the relationship between work and home with new Right to Disconnect laws.The laws mean that employees have more control over when and how they choose to respond to communication from their employer outside business hours.  
Blog
Confirmed: The Personal Injury Commission Exercises Administrative Power

Confirmed: The Personal Injury Commission Exercises Administrative Power

The Commission does not exercise judicial power – but rather an administrative power when determining a liability dispute between the State of New South Wales, and a resident of another State of Australia.
Blog
Modern Awards Refresher: A Breakdown of Essential Elements for Employers

Modern Awards Refresher: A Breakdown of Essential Elements for Employers

Often the obvious can be ignored in the business of everyday trading. Increasingly, employees are becoming more aware of their rights at law and under their respective Modern Award.
Blog
Terminating Commercial Contracts – A Quick Refresher

Terminating Commercial Contracts – A Quick Refresher

Done properly, the act of terminating a commercial contract can be an efficient self-help remedy. It can allow a business to change course, stem losses and move on.    Done improperly or without justification, the act of terminating (or purporting to terminate) a commercial contract can make a problem worse. Potentially much worse.     
Blog
Why Just Having Policies And Procedures For Workplace Violence And Sexual Harassment Isn’t Enough?

Why Just Having Policies And Procedures For Workplace Violence And Sexual Harassment Isn’t Enough?

Workplace Health and Safety (WHS) has historically been all about physical injuries and risks in factories and construction sites, but a recent decision of the NSW District Court (the Court) broadened that traditional thinking.
Blog
Employee or Contractor? What the law says about Sham Contracts

Employee or Contractor? What the law says about Sham Contracts

What are the new changes, and how can my business defend itself against sham contracting claims?   Employment relationships can be complex, and understanding how to manage them is often key. Most would think that the law was clear on who is considered an employee, and who is a contractor? In this case, you would be wrong.    
Blog
Permanent Impairment: Is your assessor correctly assessing psychological injuries?

Permanent Impairment: Is your assessor correctly assessing psychological injuries?

In New South Wales, the State Insurance Regulatory Authority (‘SIRA’) provides Guidelines for the Evaluation of Permanent Impairment in Workers Compensation claims. The purpose of the Guidelines is to ensure trained medical assessors consistently provide objective, fair and consistent assessments of permanent impairment.
Blog
Employing Workers On Fixed Term Contracts – The Rules Have Changed

Employing Workers On Fixed Term Contracts – The Rules Have Changed

In the whirlwind of 2023 employment law reform, the unfettered power for employers to engage employees on indefinite rolling fixed term contracts was kicked to the curb from 6 December 2023 (although some industries may still have until 1 July 2024 before these rules apply to them).   A fixed term contract is an employment contract that terminates at the end of an identifiable period, for example, on a specified date or when a specific project is completed. Many businesses use these to engage workers for a two-year period, followed by a second, third, or forth two-year period (for example).  

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