Media & Podcasts

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.

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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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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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Update: NSW Court of Appeal endorses Justice Jackman’s criticism of the use of direct speech in affidavit evidence

Update: NSW Court of Appeal endorses Justice Jackman’s criticism of the use of direct speech in affidavit evidence

Following our recent blog on Kane’s Hire Pty Ltd v Anderson Aviation Australia Pty Ltd [2023] FCA 381, the New South Wales Court of Appeal recently considered Justice Jackman’s criticism of the use of direct speech in affidavit evidence in Gan v Xie [2023] NSWCA 163. 
Blog
Recent criticism by the Federal Court: Use of direct speech in affidavit evidence

Recent criticism by the Federal Court: Use of direct speech in affidavit evidence

In the recent matter of Kane’s Hire Pty Ltd v Anderson Aviation Australia Pty Ltd [2023] FCA 381, Justice Jackman criticised the current standard practice of recording conversations in affidavit evidence. In his judgement, Justice Jackman challenged the recording of conversations as direct speech in affidavit evidence, when the witness may 'only recall the ‘gist’ of a conversation, stating that the practice is ‘logically, ethically and grammatically wrong’.
Blog
Conflicting medical evidence? Why a clear diagnosis of consequential worker injury is essential.

Conflicting medical evidence? Why a clear diagnosis of consequential worker injury is essential.

In the recent case of Grant v Dateline Imports Pty Ltd [2022] NSWPICPD 3, the President of the Personal Injury Commission (PIC) confirmed that a clear diagnosis supporting an alleged consequential condition would aid in discharging the worker’s onus of proving an entitlement to lump sum benefits pursuant to s 66 of the Workers Compensation Act 1987 (the 1987 Act).
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
“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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