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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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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
Remote Witnessing is now a permanent feature of the NSW legal landscape

Remote Witnessing is now a permanent feature of the NSW legal landscape

At the beginning of the COVID-19 pandemic in March 2020, legal practitioners and their clients faced particular challenges with regard to the signing and witnessing of certain legal documents. The stay-at-home orders and self-isolation rules raised an urgent question:
Blog
Exposing breaches of privacy – mandatory notification of data breach scheme approaching for NSW

Exposing breaches of privacy – mandatory notification of data breach scheme approaching for NSW

For over two years, the NSW Government has considered whether a mandatory reporting scheme for data breaches should be adopted under the State’s privacy framework.
Blog
The NSW District Court does not have the power to determine “Commercial” matters

The NSW District Court does not have the power to determine “Commercial” matters

  • 28 Sep 2018

Blog
Real estate underquoting

Real estate underquoting

Underquoting laws introduced in 2016 made it an offence for real estate agents selling residential properties in NSW to understate a property’s likely selling price.

  • 23 Aug 2018

Firm News
Creation of the Robert Horton Memorial Scholarship

Creation of the Robert Horton Memorial Scholarship

Hicksons is honoured to announce the creation of the Robert Horton Memorial Scholarship.
Blog
Legislative amendments affecting the health sector

Legislative amendments affecting the health sector

On 14 February 2018 the Health Legislation Amendment Bill 2018 (https://www.legislation.nsw.gov.au/bills/2994c40b-79ef-46a5-b38f-74a427979fe2) was passed by both House of Parliament.

  • 26 Feb 2018

Blog
Impact of NDIS on interim payment application

Impact of NDIS on interim payment application

Eastbury v Genea Limited (formerly known as Sydney IVF Limited) [2015] NSWSC 1834

  • 24 Aug 2016

Blog
Any Interest in Determining Costs Orders?

Any Interest in Determining Costs Orders?

In Averkin v Insurance Australia Limited (No 2) [2016] NSWCA 150, the NSW Court of Appeal determined costs issues arising from an insured’s successful appeal against a District Court decision which had found that an insured’s claim with respect to a $38,870 agreed value motor vehicle policy was fraudulent.

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