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Opinion
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Former Uber Eats courier paid $400,000 in out-of-court settlement
16th Sep 2021Is a gig economy worker an employee or independent contractor? The line that separates the two employment classifications is becoming increasingly blurred. Emily Wittig from Stacks Collins Thompson discusses the case of Amita Gupta, an Uber Eats courier, who brought an unfair dismissal case before the Fair Work Commission which was eventually settled by Uber Eats. Had the case proceeded and succeeded, it could have set a legal precedent that couriers are employees rather than contractors.
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Preventative measures to stop burnout in the legal profession
7th Sep 2021More than any other profession, the traditional legal culture sees lawyers working in high-pressure environments with excessive hours, resulting in burnout and mental health issues including depression and anxiety. Dr Frank Chow provides tips on how to prevent burnout in the legal profession, including aligning core values with your workplace and identifying life priorities.
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Proposed child abuse compensation laws in NSW give survivors some hope of justice
2nd Sep 2021A proposed amendment to the NSW Civil Liability Act will enable courts to set aside unfair settlements involving survivors of institutional child abuse. Con Ktenas discusses fairer compensation for victims, eliminating legal barriers to compensation, and the introduction of advance child abuse compensation payouts.
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As the Taliban seize control, here’s what Australia can do to help our people
23rd Aug 2021Now that the Taliban takeover of Afghanistan is complete, vulnerable Afghans, especially minority groups such as the Hazaras and women and children remain in a volatile and desperate situation. Arif Hussein and Zaki Haidari urge the Government to protect those who are most at risk under Taliban rule by increasing the humanitarian intake from Afghanistan, providing permanent protection to all Afghan refugees on temporary protection visas in Australia, and lifting the effective ban on family reunion and the ban on resettlement of refugees in Indonesia.
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NSW set to introduce mandatory data breach notification scheme to protect privacy
19th Aug 2021Michael McHugh discusses the NSW Privacy and Personal Information Protection Amendment Bill and how the amendments aim to protect the privacy of citizens by introducing mandatory data breach notifications. But will these proposed laws produce the intended result?
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Former employee of cosmetic clinic sued for defamation on Instagram story
12th Aug 2021Anneka Frayne discusses defamation on social media in the Brisbane case of BeautyFULL CMC Pty Ltd & Ors v Hayes [2021] QDC 111. She provides a summary of the defamatory claims and the court’s finding, and highlights that the courts are willing to take action, even if there are relatively few recipients of the defamatory posts.
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US White Island lawsuit: Royal Caribbean Cruises Ltd v Browitt
5th Aug 2021In the Federal Court decision of Royal Caribbean Cruises Ltd v Browitt [2021] FCA 653, two Melbourne victims of the White Island volcano disaster defeated legal action brought by Royal Caribbean Cruises Ltd to stop the victims from proceeding with their claims in Florida. Victoria Roy provides a summary of the legal issues in dispute and analysis of this cruise ship accident case.
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Behind the closed doors of immigration detention
29th Jul 2021Australia’s harsh laws permitting the indefinite detention of people seeking asylum and refugees have recently been expanded to include persons who are owed protection obligations but have no visa pathways. Rachel Saravanamuthu discusses the increasing detainee numbers during COVID-19, excessive use of force by detention staff, the concerning use of detention records to support visa cancellations and refusals, and the situation for Medevac transferees.
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Government’s plan to deregister charities for trifling offences is an overreach
22nd Jul 2021New proposed laws governing the regulation of charities and not-for-profit (NFP) organisations may result in the deregistering of charities and NFPs, if a member or volunteer commits a minor offence during a demonstration. Maurie Stack argues that this is a clear attempt to silence activists, pointing to the broad scope of the proposed changes and existing laws that cover fraudulent activities committed by charities and NFPs.
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A guardianship for special circumstances
14th Jul 2021In proceedings where a party is found to be a ‘person under disability’, the court may appoint a litigation guardian to assist in the management of the party’s legal affairs. Priam Nandan provides an overview of litigation guardians, including the power to appoint, reasons for appointment, who can appoint a litigation guardian and considerations for a ‘person under disability’.
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Should voluntary assisted dying be legalised in NSW?
8th Jul 2021In NSW, the Voluntary Assisted Dying Bill failed to pass the upper house in 2017. Alongside reignited discussion around legislation on this controversial topic, Joshua Crowther provides an overview of the current position of voluntary assisted dying in NSW, documenting end of life care in a will, and advanced care directives.
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The level of detail required in pleadings against the Crown: Niass v State of NSW
1st Jul 2021Pleadings are required to identify the issues of the case, to articulate the nature and content of the claims, and to provide the defendant with a fair opportunity to meet the case. In her two-part series, Amanda Do discusses two Supreme Court of NSW judgments that clarify the level of detail required in pleadings, in particular with regard to claims of institutional abuse. The second judgment discussed is the case of Niass v State of NSW.
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The level of detail required in pleadings: PWJI v The State of NSW
24th Jun 2021Pleadings must identify the issues of the case, articulate the nature and content of the claims, and provide the defendant with a fair opportunity to meet the case. In her two-part series, Amanda Do discusses two Supreme Court of NSW judgments that clarify the level of detail required in pleadings, in particular with regard to claims of institutional abuse. The first judgment discussed is the case of PWJ1 v The State of NSW.
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Should Australians have the ‘right to be forgotten’ online?
17th Jun 2021Following the CJEU decision that EU citizens have the right to request that data in regard to them may be deleted from search engines within the EU, the German constitutional court held that a plaintiff who had served time for murder is entitled to the right to be forgotten. Michael McHugh discusses the legal complexities of this right and its potential impact on privacy and free speech.
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Assessing disability claims fairly
3rd Jun 2021Liam Hanlon and Dr Benjamin Koh discuss two major outcomes from the Banking Royal Commission for insurance claims assessors, including the requirement of an Australian Financial Services Licence and the statutory obligation of utmost good faith. These outcomes set a higher legal standard for claims assessors to operate fairly and provide valuable consumer protections to those claiming disability benefits.
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Representation matters: Why you should care about Reconciliation Week
26th May 2021First Nations people are overrepresented in all the areas of the law that no one wants to be, and underrepresented in the areas where they should be thriving. Melia Benn reminds us to have the courage to put words into action, and stand up to the casual and blatant racism that First Nations people face both in their daily lives and when navigating the legal system.
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Internet trolls face huge penalties under proposed new laws
20th May 2021Hefty fines and takedown laws proposed in the Online Safety Bill aim to address online abuse. Anneka Frayne takes a look into the proposed power to block websites sharing terrorist or extremist activities, and definition of ‘cyber abuse’ to include intention to cause serious harm.
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Over 1,000 Australians with cognitive disability are detained indefinitely each year
13th May 2021The indefinite detention of people with cognitive impairments and/or mental illness in our criminal justice system has been criticised for being arbitrary in nature and subjecting detainees to abuse and serious human rights violations.
Eileen Baldry AO highlights the reforms needed to dismantle this shameful practice and provide more disability-focused support to those at risk.
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Horseplay in the workplace leads to damages
6th May 2021Emily Wittig from Stacks Collins Thompson discusses a case where a ‘bit of fun’ at work goes too far and leads to serious injury. She highlights the duty of care owed by employers to provide competent supervisors and a safe workplace, and the significant dangers of injury and death when this duty is breached.
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Compensation, risk and the NDIS
29th Apr 2021Pursuing compensation can be expensive and stressful. Might injured Australians decide it’s better to just receive full Centrelink and NDIS? Jane Campbell explains the issues at play, including repayments and reductions, and highlights the enduring importance of securing proper compensation.
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