Introduction The High Court of Australia sitting as the Court of Disputed Returns in Re Day [No 2] [2017] HCA 14 has found that Robert John Day, a former senator, had an indirect pecuniary interest in a lease agreement with…
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Court of Disputed Returns – Day found incapable of sitting as a senator by reason of s 44(v) of the Constitution
Posted in Brief notes
No notification required before enforcing adjudicator’s determination under the Building and Construction Industry Security of Payment Act 1999 (NSW)
The New South Wales Court of Appeal in Fitz Jersey Pty Ltd v Atlas Construction Group Pty Ltd [2017] NSWCA 53 has found that a claimant enforcing a determination by an adjudicator of a payment claim under the Building and…
Posted in Brief notes
High Court refuses to distinguish or reopen Attwells regarding the scope of the advocate’s immunity from suit
The High Court of Australia in Kendirjian v Lepore [2017] HCA 13 has refused to distinguish the reasoning of the majority in Attwells v Jackson Lalic Lawyers Pty Limited [2016] HCA 16; (2016) 331 ALR 1 (“Attwells”) in a case…
Posted in Brief notes
Employee’s dismissal for refusing to undergo a medical examination not unfair
The Full Court of the Federal Court of Australia in Grant v BHP Coal Pty Ltd [2017] FCAFC 42 has found that the dismissal of an employee who refused to undergo a medical examination to confirm his capacity to return…
Posted in Brief notes
Summary dismissal of negligence proceedings pre-Attwells set aside following Attwells’ clarification of the doctrine of the advocate’s immunity
The Victorian Court of Appeal in Spralja v Bullards [2017] VSCA 32 has set aside a decision of a judge of the County Court granting summary dismissal of proceedings brought against a firm of solicitors and two barristers for negligent…
Posted in Brief notes
