News

No jurisdictional error found in worker’s compensation case – NSW Supreme Court The NSW Supreme Court was asked by worker to consider whether a decision by the Workers’s Compensation Commission approved medical specialists appeal panel was afflicted by jurisdictional error. The decision regarded a worker’s degree of permanent impairment. The worker , Mr El MasriRead more

A chef who fell and injured his wrist while rescuing a child stuck on a McDonald’s playground was successful in a personal injury claim for damages in NSW Court of Appeal. The Court found it was reasonably forseeable that a child would climb up the outside of the tunnels of the playground and that aRead more

The Fair Work Commission recently upheld BHP’s decision to sack a worker for failing to shave his goatee. The worker said having his facial hair was a right. BHP said a clean shave was necessary for the proper operation of respiratory equipment. Read more here: http://www.smh.com.au/business/workplace-relations/no-shave-no-job-bhp-billitons-decision-to-sack-worker-over-beard-vindicated-20150502-1mxt18.htmlRead more

Ban on Breastfeeding Overturned on Appeal – Family Court A Newcastle Federal Circuit Court Judge’s decision to prevent a mother from breastfeeding her 11 month old child has been unanimously overturned on appeal to the Full Bench of the Family Court. The trial judge had placed an injunction on the mother preventing her from breastfeedingRead more

Hot Yoga Litigation – ABC Radio Report: The 9th Circuit Court of Appeals in Pasadena California will shortly hand down a highly anticipated court ruling on the copyrightability of yoga. The case involves the most commercialised brand of yoga in the world, ‘Hot yoga’ created by Bikram Choudhury. He filed a suit against two formerRead more

Despite changes to the law in 2010, intended to make financial agreements binding in the face of technical flaws in their construction, it continues to be a complex and ambiguous area of family law. Financial agreements were intended to provide certainty in sorting out property and spousal maintenance disputes should a couple separate. But almostRead more

Do I get an adjustment for “Special Skill”? The full Court in Kane v Kane has decided that there is no separate doctrine of special contribution or special skill that should be looked at separately but the Court should look at that aspect in context of balancing contributions generally. Kane v Kane involved a 29Read more

Who owns assets purchased in a partner’s name has recently been considered Higashida v Sarto (2014) NSWSC 1291 in that case the Plaintiff, Mr Higashida and the Defendant Ms Sarto had been in relationship from about 2010 to the end of 2013. The Plaintiff had separated from his wife but not yet resolved family lawRead more

Planning for the afterlife It may seem a fairly straight forward topic but your will is important as it helps guide the way you leave your estate.  For example, who will look after your children if you die before they can look after themselves, who do you want to carry out any last wishes youRead more