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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Schokman: The High Court of Australia considers the ‘scope of employment’ in the recent case of CCIG Investments Pty Ltd v Schokman [2023] HCA 21

Schokman: The High Court of Australia considers the ‘scope of employment’ in the recent case of CCIG Investments Pty Ltd v Schokman [2023] HCA 21

A recent High Court of Australia decision in the matter of CCIG Investments Pty Ltd v Schokman [2023] HCA 21 (Schokman) deals with the extent of vicarious liability in the employer/employee relationship. The decision affirms that employers are not liable for the actions of their employees if those actions are not within the course or scope of their employment. Ultimately, the ‘scope of employment’ will turn on the facts of each individual case.
Blog
Proposed amendments to give the Personal Injury Commission power to control service providers

Proposed amendments to give the Personal Injury Commission power to control service providers

The proposed amendments to the Motor Accidents Injuries Act,Workers Compensation Act 1987, and the Workplace Injury Management and Workers Compensation Act 1998 would give the Personal Injury Commission (PIC) the power to exclude service providers who are overservicing and overcharging.

  • 30 Aug 2021

Blog
Where interstate CTP policies do not respond, the NSW Nominal Defendant will pay statutory benefits

Where interstate CTP policies do not respond, the NSW Nominal Defendant will pay statutory benefits

Each State has a different CTP Scheme, few covering the at fault driver. In NSW, the Nominal Defendant will pay statutory benefits in those circumstances.

  • 24 Aug 2021

Blog
Supporting our injured firefighters and emergency service workers – Potential changes to the NSW workers compensation scheme 2021

Supporting our injured firefighters and emergency service workers – Potential changes to the NSW workers compensation scheme 2021

The NSW government has recently introduced the Motor Accidents and Workers Compensation Legislation Amendment Bill 2021 to make changes to the workers compensation legislation largely in response to the catastrophic bush fire season of 2019. It has since passed the Legislative Assembly and awaits scrutiny in the Legislative Council.
Blog
What Limitations Apply to Liability Policies

What Limitations Apply to Liability Policies

Does a wrongful act have to be inadvertent? What is the scope of the contractual liability exclusion?
Blog
Is there concurrence about the occurrence?

Is there concurrence about the occurrence?

A recent decision of the Supreme Court of Queensland explored what event constituted an occurrence for the purpose of a liability policy.
Blog
Misrepresentation Regarding Ownership of Insured Property

Misrepresentation Regarding Ownership of Insured Property

Gonzales & Barrett v The Hollard Insurance Company Pty Ltd [2016] NSWLC 9
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.
Blog
Plaintiff loses shopping trolley collision claim

Plaintiff loses shopping trolley collision claim

Vincent v Woolworths Ltd [2016] NSWCA 40 relates to a claim brought by Ms Vincent (plaintiff) in respect to injuries sustained when she stepped backwards off a small safety step ladder in a Woolworths Supermarket and collided with a shopping trolley being pushed by a customer.
Blog
Child ran over and seriously injured by family’s ride-on mower

Child ran over and seriously injured by family’s ride-on mower

The Court of Appeal of Western Australia has weathered a storm of creative arguments to hold that “normally living” at a residence, within the meaning of an exclusion clause (in home insurance liability cover), is not an ‘act’ within the meaning, or attracting the operation, of section 54(1) of the Insurance Contracts Act 1984 (Cth)(ICA).

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