Capital Brief: Disconnect Discord

The Right to Disconnect law came into effect in August inevitably brought questions to the legal industry, particularly the implications on law firms.

Blog

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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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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Does a discrimination claim prevent you from later getting workers compensation? Court of Appeal says no…

On 23 July 2020 the NSW Supreme Court of Appeal handed down the decision of Gardiner v Laing O’Rourke Australia Construction Pty Limited [2020] NSWCA 151. It involved a worker who had complained to the Anti-Discrimination Board about his employer, received a payment of money, and later claimed workers compensation for psychological injury. The Court considered whether that was permissible.

Najeh Marhaba
31 Jul 2020

Blog

NSW Court of Appeal decision affects a practitioner’s rights to seek a stay from NCAT

Yesterday the Court of Appeal handed down a decision (Medical Council of NSW v Lee [2017] NSWCA 282) which will limit a practitioner’s rights to seek a stay of any suspension decision made by their relevant registering Council pursuant to s150 of the National Law.

7 Nov 2017

Blog

Attempted murder in the workplace but no duty

Whilst this recent Court of Appeal decision (Optus Administration Pty Limited v Glenn Wright by his tutor James Stuart Wright [2017] NSWCA 21) is not a medical negligence claim, it highlights the importance of considering whether a duty of care is owed in nervous shock or mental harm cases. It is our experience that mental harm claims arising from medical treatment are increasing in frequency and quantum.

27 Feb 2017

Blog

Justice and the self-represented litigant

The Victorian Court of Appeal in Redzepovic dismissed the applicant’s appeal against a trial judge’s finding in favour of the respondent. The facts of this case are unremarkable however, are worth noting in relation to issues which arise with self-represented litigants.

31 Oct 2016

Blog

Road collapse – Council not liable despite roadworks

In Mansfield v Great Lakes Council (2016) NSWCA 204 (‘Mansfield’s case’) the plaintiff was driving a truck along a single lane country road when, as he drove across a culvert, the bank of the left side of the road gave way and the truck rolled over.

24 Oct 2016

Blog

Throwing out the rubbish on exclusion clauses

Penrith City Council v Healey; GIO General Ltd v Healey [2016] NSWCA 161 related to a claim commenced by Mr Healey against Penrith City Council (‘the Council’) and GIO General Ltd (‘GIO’), as the public insurer of Usshers Pty Ltd (‘Usshers’) (now deregistered), in relation to a shoulder injury suffered during the course of his employment as a garbage collector.

Freida Stylianou
14 Sep 2016

Blog

Appeal lodged by a patient concerning a community treatment order

On 3 December 2015 we reported on a Court of Appeal decision in relation to an appeal lodged by a patient concerning a community treatment order (CTO).

20 Jan 2016

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