Written by Workers Compensation Report editor Peter Angelopoulos Former Cram Fluid Power Pty Ltd employee Michael George Green has applied for funding “to seek an advice” on a potential special leave application in the High Court following a landmark decision reversing compensation entitlements. RMB Lawyers partner Chris Sheppard, acting for Green, told WCR he was ...more
Now available at a greatly reduced price, in hard cover and soft cover formats: “Work Choices: The High Court Challenge”.
The High Court’s 2006 decision to uphold the constitutional validity of the Howard Government’s Work Choices reforms enabled a more expansive Commonwealth regulation of workplace relations based on the corporations power than had previously been appreciated. This same power underlies the Labor Government’s Fair Work system today. Work Choices: The High Court Challenge remains a valuable reference because of its analysis of the decision by experts in both constitutional law and industrial law from the University of Melbourne’s Law School.
Visscher v The Hon President Justice Giudice  HCA 34 (2 September 2009).
A majority of the High Court (Heydon, Crennan, Kiefel and Bell JJ – Gummow J dissenting) has handed down an interesting employment case dealing with the often contested jurisdictional point in unfair dismissal cases as to whether the employment was terminated at the initiative of the employer or the employee.
On 16 May 2006, the High Court handed down a decision which further explains the notion of vicarious liability. Vicarious liability arises when the actions of one can be made the actions of another. The court delivered a majority judgment of their Honours Gleeson CJ, Gummow, Hayne, Heydon and Crennan JJ with a lengthy plangent ...more