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A Failure to Consult: The Fair Work Commission...

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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Firm News

Hicksons recognised in Doyle’s Guide 2024

We are delighted to be recognised as a leading law firm in the 2024 Doyle’s Guide across the following categories:

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Firm News

Special Counsel Kezia David Named Among...

Special Counsel Kezia David recognised among Australasian Lawyer’s Elite Women 2024 for excellence in insurance law.

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Update to the National Redress Scheme – Possible changes to eligibility criteria

Update to the National Redress Scheme – Possible changes to eligibility criteria

On 4 May 2023, the Australian Government released the Final Government Response to the Second Year Review of the National Redress Scheme for Institutional Child Sexual Abuse (the Scheme). According to the Minster for Social Services, Amanda Rishworth, the Response is aimed at creating a trauma-informed approach with a focus on the wellbeing of survivors. The proposed improvements include broadening the eligibility criteria, amending the application process, and removing restrictions. 
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What amounts to exceptional circumstances for the purposes of granting a permanent stay?

What amounts to exceptional circumstances for the purposes of granting a permanent stay?

On 14 June 2022, the NSW Court of Appeal delivered judgment in the matter of Smith v The Council of Trinity Grammar School[2022] NSWCA 93 (‘Smith’). The Court dismissed Mr Smith’s application for leave to appeal a first instance decision, which granted the Council of Trinity Grammar School (‘The Council’) a permanent stay of the proceedings.   In examining the primary Judge’s decision, the Court of Appeal has provided further clarity as to what amounts to exceptional circumstances for the purposes of granting a permanent stay in historical abuse claims, and also the current position of the Court regarding permanent stays in the context of recent case law.

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