NSW is finally removing the time limitation shield relied on by Institutions

As part of the NSW Government’s response to the Royal Commission into Institutional Response to Child Sexual Abuses’ recommendations, today the Attorney-General Gabrielle Upton has introduced which will allow survivors of child abuse claim for damages regardless of when the abuse occurred to the NSW Parliament. This is a well overdue change which will dissolve a significant […]

Ross KoffelPrincipal, Koffels Solicitors & Barristers

Whitehall Workplace Law joins IR as the exclusive Employment Law (Corporate) Member in Australia.

IR Global, the world’s largest exclusive network of advisory firms is delighted to introduce Jeremy Cousins of Whitehall Workplace Law. Jeremy has joined IR as our exclusive Employment Law (Corporate) member in Australia. Jeremy Cousins deals with a wide range of workplace relations and employment matters including advising clients on industrial relations strategy, industrial disputes, restructuring, […]

Jeremy CousinsPrincipal, Whitehall Workplace Law

TERMINATION OF EMPLOYMENT FOR SAFETY BREACHES NOT UNFAIR

The recent Fair Work Commission (FWC) decision of Rouady v Qantas Airways Limited [2016] FWC 33 emphasises the importance of conducting a thorough investigation and providing an employee the opportunity to respond to allegations even where an employer’s concerns relate to serious safety issues. ISSUES The employee’s role entailed refueling airplanes, driving tugs, moving machinery and loading […]

Jeremy CousinsPrincipal, Whitehall Workplace Law

Should you attend your next Strata meeting? – Changes to Strata NSW Laws on Collective Sale and Renewal take effect mid 2016 –the numbers have changed!

The bills to amend the current Strata Schemes Management Act and Strata Schemes Development Act were passed at the Parliament on 28 October 2015.  The changes are expected to be introduced in the middle of 2016. Amongst the list of extensive changes introduced, one of the key changes was the law on collective sale and […]

Ross KoffelPrincipal, Koffels Solicitors & Barristers

HIGH COURT CONFIRMS “SHAM CONTRACTING” LAWS APPLY TO THIRD PARTIES

The recent High Court decision Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd & Ors [2015] HCA 45 confirms that the “sham contracting” provisions contained in the Fair Work Act 2009 (Cth) (FW Act) apply to triangular contracting arrangements – i.e. an arrangement whereby a worker is engaged through an entity which is separate to the one for […]

Jeremy CousinsPrincipal, Whitehall Workplace Law

A Developing New Process Using Expert Evidence in Civil Litigation

The use of expert ‘conclaves’ or joint reports of experts by Australian courts is becoming more and more prevalent in matters other than building and construction. The NSW District Court and Supreme Court in NSW now both provide for any expert witnesses with the same expertise to confer prior to a hearing in order to provide […]

Ross KoffelPrincipal, Koffels Solicitors & Barristers

Wake up people sexual harassment in the workplace exists!

matter was taken to court.  Subsequently she sued her employer for damages arising out of the sexual harassment. The woman was diagnosed with several psychiatric conditions, including depression and post-traumatic stress disorder as a result of the sexual harassment.  It was noted in the medical evidence that she was unlikely to ever work again. She […]

Ross KoffelPrincipal, Koffels Solicitors & Barristers