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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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A warning for experts and those who brief them

A warning for experts and those who brief them

Whilst not medical negligence claims, we draw your attention to three recent District Court of NSW decisions of Her Honour, Gibson DCJ concerning applications for approval of infant settlements (Saleh by his tutor Abusaleh v Li [2017] NSWDC 305; Kandil by his tutor Kandil v Halliday [2017] NSWDC 327; and Tartak by her tutor Tartak v Zada [2017] NSWDC 330).

  • 24 Nov 2017

Blog
Life or Death and a claim for privilege

Life or Death and a claim for privilege

The District Court of NSW was recently required to consider issues in relation to whether various documents relating to a factual investigation were privileged and if so, whether there had been a waiver of privilege as a result of an inadvertent disclosure of the documents.

  • 26 Oct 2017

Blog
Insta-served: Service by social media

Insta-served: Service by social media

Any originating process (eg Statement of Claim or Summons) filed in the Supreme Court must be personally served. In order to effect personal service on a person,  a copy of the originating process must be left with the person, or if the person does not accept the copy, can be put down in the person’s presence and by telling the person  the nature of the document.
Blog
“The customer is always right?”

“The customer is always right?”

Ms Young successfully sued Aldi in the District Court of NSW following an incident at an Aldi supermarket. Ms Young injured her knees and lower back after stumbling over the prongs of a pallet jack full of strawberries which was being unpacked by an Aldi employee. Aldi unsuccessfully argued that its employee made Ms Young aware of the pallet jack and therefore the pallet jack was an obvious risk. A finding of 10% contributory negligence was made. Aldi appealed.

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