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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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Hicksons Lawyers Recognised As A Finalist For ‘Employer of Choice’ In The 2024 Business Hunter Awards

Hicksons Lawyers Recognised As A Finalist For ‘Employer of Choice’ In The 2024 Business Hunter Awards

We are excited to announce that Hicksons Lawyers has been recognised as a finalist for ‘Employer of Choice’ in the 2024 Business Hunter Awards!
Media & Podcasts
Lawyers Weekly: How To Stay Organised As A Law Student

Lawyers Weekly: How To Stay Organised As A Law Student

In a recent Lawyers Weekly article, Hicksons’ Paralegal, Thomas McCarthy shares insights on the importance of staying organised as a law student, along with tips on balancing studies, work, and personal commitments.
Blog
Confirmed: The Personal Injury Commission Exercises Administrative Power

Confirmed: The Personal Injury Commission Exercises Administrative Power

The Commission does not exercise judicial power – but rather an administrative power when determining a liability dispute between the State of New South Wales, and a resident of another State of Australia.
Media & Podcasts
Capital Brief: Australia's Top Tier Law Firms Are Rushing To Adopt AI — But To What End?

Capital Brief: Australia's Top Tier Law Firms Are Rushing To Adopt AI — But To What End?

‘LLMs shouldn't be used for their knowledge of the law, but rather to streamline legal processes and allow lawyers to redefine their relationship to their work and their clients’.David Fischlrecently spoke to Capital Brief about the legal industry’s move towards AI and how this presents a new frontier for lawyers going forward.
Blog
Terminating Commercial Contracts – A Quick Refresher

Terminating Commercial Contracts – A Quick Refresher

Done properly, the act of terminating a commercial contract can be an efficient self-help remedy. It can allow a business to change course, stem losses and move on.    Done improperly or without justification, the act of terminating (or purporting to terminate) a commercial contract can make a problem worse. Potentially much worse.     
Media & Podcasts
Capital Brief: Noumi's Financial Disclosure Lawsuit Highlights 'Legal Privilege' Challenges

Capital Brief: Noumi's Financial Disclosure Lawsuit Highlights 'Legal Privilege' Challenges

“The role of legal advice in data breaches is fraught with challenges for several reasons”   In a recent Capital Brief article, Hicksons’ Commercial Dispute Resolution Partner Chloe Ellis comments on the Noumi financial disclosure lawsuit.   Chloe touches on the challenges that this case brings up for both voluntary and statutory disclosures to regulators, and how this can impact companies that suffer data breaches.
Media & Podcasts
Australian Financial Review: Hicksons Lawyers Leads As Law Firms Hit Gender Parity

Australian Financial Review: Hicksons Lawyers Leads As Law Firms Hit Gender Parity

Hicksons is proud to be recognised for leading the trend of more female Partners, with over 50% female representation across the firm’s partnership.In a recent Australian Financial Review article, Hicksons was highlighted for having the highest proportion of female partners across all firms in the 2023 Law Partnership Survey.
Media & Podcasts
Lawyers Weekly: Is the billable hour incompatible with diversity, equity and inclusion?

Lawyers Weekly: Is the billable hour incompatible with diversity, equity and inclusion?

In a recent Lawyers Weekly article, Hicksons Chair of Partners Naomi Tancred discusses the impact of the billable hour on diversity, equity and inclusion (DEI) for BigLaw firms. In the post, Naomi also touches on the impact of a firm’s culture on DEI, why it is crucial for BigLaw to drive positive DEI change, and the future of the billable hour.
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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.
Blog
Employment law update sees significant changes to the workplace - The Secure Jobs Better Pay Act 2022

Employment law update sees significant changes to the workplace - The Secure Jobs Better Pay Act 2022

As all employers in Australia know, our workplace laws are complicated and regularly change, often without notice. A change of government inevitably sees a transformation in the industrial relations landscape, impacting how businesses employ and manage their staff. As such, we have now seen yet another post-election employment law change, with the passing of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Act). This amends the Fair Work Act 2009 and brings some huge changes to Australian workplace law. We have outlined some of the key changes impacting businesses below.
Blog
Un-happy Holidays Part 3 & 4

Un-happy Holidays Part 3 & 4

Ever wondered how a Supreme Court Justice might describe you or your evidence?  
Blog
Un-happy Holidays Part 1 & 2

Un-happy Holidays Part 1 & 2

Are you inspired by the spirit of giving this festive season? There are number of ways charitable bequests might be impacted by a contested estate dispute, but there are also steps that can be taken to bolster the chances of a gift succeeding.
Blog
Has the worker suffered consequential conditions? The PIC says no

Has the worker suffered consequential conditions? The PIC says no

In the recent case of Govindan v Capital Safety Group (Australia) Pty Limited [2022] NSWPIC 588, Member Cameron Burge of the Personal Injury Commission (PIC) held that a worker did not suffer a claimed consequential cervical spine condition and gastrointestinal condition, as a result of not having recorded sufficient history and medical evidence.
Blog
Managing psychosocial hazards at work - Code of Practice (July 2022)

Managing psychosocial hazards at work - Code of Practice (July 2022)

In July 2022, Safe Work Australia released a new Code of Practice on an employer’s duty to manage psychosocial hazards in the workplace. The Code of Practice largely follows suit from Safe Work NSW’s publication released in May 2021, which was the first formal guidance provided to employers regarding their obligations in relation to psychosocial risk factors at work. The updated Code of Practice provides a timely reminder of what employers should be doing to try and avoid psychological risks.
Blog
Greenwashing - what do recent developments mean for company directors and directors’ and officers’ insurers?

Greenwashing - what do recent developments mean for company directors and directors’ and officers’ insurers?

Greenwashing. We have heard this term used frequently in recent times. Why do company directors need to be aware of it? What are Australian regulators saying about greenwashing and what litigation trends are we seeing emerge? What is the potential impact of greenwashing litigation on the insurance industry?

  • 15 Sep 2022

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