Litigation and Dispute Resolution Blog

Redundancy occurs when an employee’s employment has been terminated by the employer because it no longer requires the job to ...
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When the manner and cause of a person’s death is not clear, an inquest into the circumstances of the person’s ...
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The Australian Government’s COVID-19 Vaccine Claims Scheme has now launched and we have created this handy guide to explain what ...
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The High Court’s decisions in Jamsek and Personnel Contracting The High Court of Australia has handed down much anticipated decisions ...
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Workplace investigations are an important risk management tool. Employers are obliged to protect their employees against inappropriate and unlawful conduct ...
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The National Redress Scheme was created following the Royal Commission into Institutional Responses to Child Sexual Abuse. It is a ...
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If you are a survivor of child sexual abuse, you may be entitled to compensation. We know that no amount ...
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Sexual assault has devastating impacts on an individual, which, in many cases, can be compensated. While we understand that compensation ...
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As part of Elringtons’ specialisation in Health and Medical Law we have extensive experience with claims relating specifically to female ...
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Amidst the COVID-19 pandemic, most recently with the arrival of the Omicron variant, there has been renewed focus on the ...
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Resignation is a situation where the employment has been terminated on the employee’s initiative. For a resignation to be valid, ...
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In NSW, people injured in motor vehicle accidents are able to claim for time of work, medical treatment and costs ...
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The employee handbook is one of the most important documents designed for employees. It outlines and communicates a company’s culture, ...
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Minimum employee entitlements are outlined in the National Employment Standards (‘NES’) and applicable modern awards. These entitlements include, for example: ...
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Workplace policies and procedures are dynamic tools that benefit both employers and employees. These documents communicate standard procedures applicable at ...
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Dismissal is defined as a situation where the employment has been terminated on the employer’s initiative, or where an employee ...
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Dismissal is defined as a situation where the employment has been terminated on the employer’s initiative, or where an employee ...
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We are trusted employment law specialists who have been providing expert services to employers in Canberra, Queanbeyan and surrounds for ...
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Employment contracts may come to an end in a number of ways, initiated either by the employer or by the ...
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If you have been injured in a motor vehicle accident in the ACT you can claim compensation for loss of ...
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An employment contract is an agreement between an employer and an employee which sets out terms and conditions of their ...
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Discrimination laws protect our human right to equality. There are many different laws in Australia which make discrimination illegal, but ...
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Employees have different rights and obligations to independent contractors. You should be aware of all the differences prior to entering ...
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Are you engaging a new employee or independent contractor? Or maybe you are an employee or contractor taking on a ...
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Flexible work options have been around for a while, however working remotely is becoming more and more common due to ...
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On 4 August 2021, the High Court of Australia made its final decision in the matter of WorkPac v Rossato ...
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The Australian Government is establishing a COVID-19 Vaccine Indemnity Scheme to help guide potential claims through a no-fault claims process ...
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Five Tips for Comcare and EML Submissions Many workers need to make submissions to Comcare or EML in response to: ...
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If you have suddenly resigned from your job without clearly thinking about the consequences and then, after calming down, you ...
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If you are making a claim for a personal injury, time limits determine how long you have to make a ...
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There is a basic principle at law: a person with exclusive possession of land has the right to decide who ...
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The debt recovery process in Australia can be technically challenging and complex. For this reason, it is usually, as well ...
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Often when people think of an “injury”, the first thing that comes to mind is a physical injury or physical ...
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There are a number of methods by which to secure repayment of a debt. For individuals, letters of demand and ...
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For our nursing, doctor, allied health and hospital worker friends, this is a very serious question. While workers compensation laws ...
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Amidst the flurry of COVID-19 activity, we receive new announcements each day at both a Federal and State/Territory level in ...
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Residents of the ACT have been experiencing many changes to their daily lives as the government takes steps to attempt ...
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In the aftermath of the many recent catastrophic weather events that have impacted the ACT and NSW, insurers have experienced ...
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Commonwealth, State, Territory and Local Government laws affect us all in many ways. There are laws regulating occupational licensing and ...
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We specialise in Comcare and ACT Government workers compensation claims and have acted for many workers who have a ‘cease ...
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As part of our health and medical law speciality, we have had to advise expectant parents when things have gone ...
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Did you know that if you or someone you love does not receive proper treatment in an aged care facility, ...
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Who is liable if they are damaged? Following the devastating fires in the ACT and south east NSW, we have ...
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Reality television is a very popular form of entertainment for lots of Australians, but what happens when it comes at ...
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In our submission to the Aged Care Royal Commission, we have analysed new Federal government laws on physical and chemical ...
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The Federal Government has introduced a new law dealing with use of physical and chemical restraints in Aged Care Facilities/Nursing ...
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If you have been injured in a motor vehicle accident, at work, by medical negligence or suffered any other personal ...
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On 5 October 2018 a visitor to our website posted a question to us in our ‘What Duty of Care ...
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Can you sue someone because death of a family member has caused you a psychological injury? Yes. The law recognises ...
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Surgical errors include cutting of arteries or nerves, performing the wrong procedures, improperly inserting a medical device, leaving instruments in ...
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When doctors don’t reach the right answer A doctor’s duty of care covers diagnosing health conditions and for many conditions ...
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Privacy and protection of personal information is riding high in the public eye after a number of high-profile breaches over ...
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Just because Comcare has sent you a debt letter claiming for an overpayment does not necessarily mean you have been ...
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Elringtons is the only South East NSW personal injury law firm specialising in health and medical law, particularly medical negligence ...
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Are you a volunteer or an organisation that employs volunteers? Are you and/or your volunteers covered by adequate insurance? Have ...
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An ABC News article on 15 March 2018 highlighted that employers, across a broad range of areas, are advertising specifically ...
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The NSW workers compensation scheme is complex. However, there is a legal aid type scheme to help injured workers in ...
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By Tom Maling According to new research from the Grattan Institute, almost 11% of all people hospitalised have a complication ...
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By Tom Maling A 12 December 2017 ABC investigation report has exposed that Australian women are experiencing serious side effects ...
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It should be standard practice for all business, big or small, to have policies in place that deal with workplace ...
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By Tom Maling Commonwealth and ACT public servants are covered under the Comcare system for workplace injuries. At Elringtons, we ...
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by Tom Maling In June 2017 we detailed the link between birth defects and the medications sodium valproate (Epilim, Valprease, ...
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It is well known that employment is an important factor for individual welfare and economic security. However, it is also ...
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by Tom Maling The Aged Care Act gives nursing home residents 21 statutory rights. We discuss these on our Nursing ...
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By Tom Maling On 30 August 2017 the Australian Therapeutic Goods Administration (TGA) issues a hazard alert about a permanent ...
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By Tom Maling A survey of emergency department doctors has found that 49.8% of the 2000 doctors surveyed had been ...
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By Tom Maling A recent NSW Court case has highlighted the importance of reading consent forms thoroughly before you sign ...
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By Tom Maling The NSW Civil and Administrative Tribunal has found that a dentist has breached nursing homes residents’ human ...
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Update by Tom Maling The government agency responsible for regulating medicines and therapeutic goods, the Therapeutic Goods Administration (TGA), issued ...
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by Tom Maling Workplace Psychological Injuries Whether you work for a private employer or the public sector (Federal and State) ...
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Update by Tom Maling New research shows that common reflux drugs can increase your risk of premature death. If you ...
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By Tom Maling For anyone considering whether they have a medical negligence claim as a result of a medication error, ...
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Update by Tom Maling Australians who have had aortic valve replacement surgery since 2010 may have been fitted with a ...
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by Tom Maling Given the amount of time we spend at work and the high rate of Australians who experience ...
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Information about health or medical treatment can be highly sensitive and it is important that it is handled appropriately by ...
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By Tom Maling A doctor owes you a ‘duty of care’ and breach of that duty which causes you an ...
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By Tom Maling The treatment of residents in nursing homes is receiving frequent media attention at the moment. It’s a ...
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By Tom Maling The medications Sodium Valproate (aka Eplilim, Valprease, Valpro) and Topiramate (aka Epiramax, Tamate, Topamax) have been linked ...
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By Tom Maling Consent is a fundamental part of health and medical treatment.  Without it, treatment is unlawful and a ...
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By Tom Maling Country hospitals have far less services available than city hospitals.  Will this excuse professional misconduct or negligence ...
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By Tom Maling In what circumstances can I refuse medical treatment? What a person can and cannot do with their ...
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elringtons has secured $12 million in compensation for a client in a medical negligence matter against a GP, Neurologist and ...
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What should an Employer Do Before and After Starting the Redundancy Process? I have made that person redundant; why have ...
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Most employers are aware what redundancy is. However, time and time again, employers do not understand or do not implement ...
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Hearings/trials At the hearing parties present evidence in support of their case to a magistrate or judge. Witnesses may be ...
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Part 1 What is Litigation? Civil litigation is a legal dispute between two or more parties that, usually, seek economic ...
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“Case Study - Getting compensation where you are injured while driving for work purposes”. elringtons has been providing specialist legal ...
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If someone does something wrong to you and you suffer damage, you have a right to compensation to cover that ...
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Is that coveted appointment to a position of non-executive director, or a promotion to non-equity partner, worth it?  You need ...
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How to ‘deal’ with employees has, in recent history, become confusing and dare we say, polarising.  The old Australian Industrial ...
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Business relationships, although not marriages, can be just as binding and intimate, and the extraction can be just as complicated ...
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Recent determinations by the Advertising Standards Board (ASB) have changed the ground rules for businesses operating Facebook fan pages. The ...
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The NSW District Court recently determined that: Pushbike riders have an obligation to not cause injury to other road and ...
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As a general rule, directors of companies are not liable for a tax debt assessed on a company.  However, under ...
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Background Mr Watts, an undischarged bankrupt, was disqualified from managing companies.  He applied to the court for a special order ...
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The term of bankruptcy generally lasts for a period of 3 years. However under certain circumstances, the term can be ...
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Maintaining up to date records of business transactions, although tedious, is extremely important for all companies. This is particularly true ...
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News Update New provisions will come into force on 25 November 2011 in the ACT requiring persons convicted or found ...
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Background In the early hours of the morning, Mr Hawkins was cycling along the Pacific Highway at St Leonards when ...
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Under the superannuation guarantee law, most employers must pay super contributions (in addition to gross salary and wages) into a ...
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Neighbours can often reach extraordinary levels of hostility among themselves over two main sources of dispute, overhanging trees and their ...
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The recent ACT Supreme Court case of Peadon v Calgaro highlights the tough approach Magistrates are taking towards drink drivers ...
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