The Full Court of the Federal Court recently handed down its decision in Garner v Central Innovation Pty Limited [2022] FCAFC 64, a case about misuse of confidential information.  In its decision, the Court made numerous important observations concerning how claims should be advanced, and how litigation should be pursued.

This article will focus on what the Court stated in respect of:

• Whether a Plaintiff ought to be confined expressly to the matters it has pleaded, or whether it can advance claims outside of the pleadings where notice is provided to the Defendant; and
• The circumstances under which a claim for loss can be brought by shareholders of a company, and/or whether the company should bring it.

The NSW Government has recently proposed the State Insurance and Care Legislation Amendment Bill 2022.

The Bill proposes to extend certain regulatory, investigative and enforcement powers of the State Insurance Regulatory Authority to oversee and control iCare, self‑insurers and claims agents appointed pursuant to the workers compensation legislation.

If passed, the Bill will heighten the need for iCare, self-insurers, and claims agents to ensure compliance with the regulatory licensing requirements, and to ensure that where a breach occurs, steps are taken to:

• rectify the breach;
• give an appropriate undertaking; and to
• ensure that no further breaches occur.

The proposed amendments were made in line with the McDougall review recommendations with the goal of improving outcomes for all stakeholders

A recent decision of Deputy President Beaumont in the Fair Work Commission (Application by Ranmeet Kaur [2022] FWC 487) has examined the scope of the FWC’s power to make orders to stop sexual harassment which were introduced under amendments to the Fair Work Act in 2021.

The case examined both the jurisdictional requirements necessary for the FWC to make orders and the evidentiary requirements for it to be satisfied that a contravention had occurred, warranting the making of orders.

In the December 2021 decision in Skytraders Pty Ltd v Ian Wallace Meyer [2021] NSWSC 1670 (an employment and confidential information dispute), the Supreme Court of New South Wales held that the Plaintiff was entitled to have an independent forensic computer expert appointed by the Court to conduct an analysis of the defendants’ documents before pleading and evidence closed, to permit the Plaintiff to gain evidence to support its case against the Defendant employee.

This case highlights what is required to have an early independent examination ordered before the pleadings, evidence and discovery stage.  It also demonstrates the disclosure requirements for a party seeking ex parte orders.

Despite the increasing rates of COVID-19 vaccination across Australia, issues surrounding the COVID-19 vaccine and the workplace remain at the forefront of conversation; particularly given the mandating of vaccines within some industries and states. 

Authored by Holman Webb Lawyers Workplace Relations Partner Alicia Mataere and Associate Lee Pike, this guide is designed to walk you through the issues relating to COVID-19 vaccines and the workplace, to assist in your understanding of whether the vaccine is mandatory for your workplace, and if not, to help you decide whether you can/should make vaccines mandatory within your workplace.

Despite the increasing rates of COVID-19 vaccination across Australia, issues surrounding the COVID-19 vaccine and the workplace remain at the forefront of conversation; particularly given the mandating of vaccines within some industries and states. 

Authored by Holman Webb Lawyers Workplace Relations Partner Alicia Mataere and Associate Lee Pike, this guide is designed to walk those within the Aged Care industry through the issues relating to COVID-19 vaccines and the workplace, to assist in your understanding of whether the vaccine is mandatory for your workplace, and if not, to help you decide whether you can/should make vaccines mandatory within your workplace.

Despite the increasing rates of COVID-19 vaccination across Australia, issues surrounding the COVID-19 vaccine and the workplace remain at the forefront of conversation; particularly given the mandating of vaccines within some industries and states. 

Authored by Holman Webb Lawyers Workplace Relations Partner Alicia Mataere and Associate Lee Pike, this guide is designed to walk those within the Education and Care industry through the issues relating to COVID-19 vaccines and the workplace, to assist in your understanding of whether the vaccine is mandatory for your workplace, and if not, to help you decide whether you can/should make vaccines mandatory within your workplace.

Despite the increasing rates of COVID-19 vaccination across Australia, issues surrounding the COVID-19 vaccine and the workplace remain at the forefront of conversation; particularly given the mandating of vaccines within some industries and states. 

Authored by Holman Webb Lawyers Workplace Relations Partner Alicia Mataere and Associate Lee Pike, this guide is designed to walk those within the Building and Construction industry through the issues relating to COVID-19 vaccines and the workplace, to assist in your understanding of whether the vaccine is mandatory for your workplace, and if not, to help you decide whether you can/should make vaccines mandatory within your workplace.

Despite the increasing rates of COVID-19 vaccination across Australia, issues surrounding the COVID-19 vaccine and the workplace remain at the forefront of conversation; particularly given the mandating of vaccines within some industries and states. 

Authored by Holman Webb Lawyers Workplace Relations Partner Alicia Mataere and Associate Lee Pike, this guide is designed to walk those within the Transport industry through the issues relating to COVID-19 vaccines and the workplace, to assist in your understanding of whether the vaccine is mandatory for your workplace, and if not, to help you decide whether you can/should make vaccines mandatory within your workplace.

In the recent decision of Fadlallah v Insurance and Care NSW (2021) NSWCATAD 304, the New South Wales Civil and Administrative Tribunal (NCAT) found that there was no legal professional privilege in a report obtained by a workers compensation insurer’s lawyer to meet and deal with a claim for permanent impairment compensation.

This decision is a reminder that careful consideration must be given to the process of how medical experts are briefed by insurers and their lawyers.