Corrs In Brief

Corrs In Brief offers the latest updates on legal issues and developments, focusing on their impact to your business and industry.

FWC anti-bullying jurisdiction continues to evolve

11 March 2015

The 1 January 2014 commencement of the anti-bullying regime under Part 6-4B of the Fair Work Act 2009 (Cth) marked the start of a new employee protection.

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Federal Court resolves long-running uncertainty over annual leave payments on termination

10 March 2015

In in a recent decision the Court determined that annual leave payable on termination of employment must be paid at the rate equivalent to the amount the employee would have been paid if they had taken annual leave during their employment.

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Penalties for a failure to comply with transport of dangerous goods obligations: Environment Protection Authority v Mainfreight Distribution Pty Ltd [2015] NSWLEC 6

6 March 2015

A freight distributor received a hefty penalty for breaches of Dangerous Goods legislation using a truck owned by a third party.

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Misleading the market: Another perspective on causation and damages in Grant-Taylor v Babcock & Brown

6 March 2015

Another decision of the Federal Court of Australia has commented on causation in market non-disclosure cases, fuelling further debate on the use of an indirect causation theory to prove damages in misleading conduct claims by shareholders.

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Three’s (not) a crowd - Full Federal Court upholds enterprise agreement voted up by only three employees

6 March 2015

A recent decision has confirmed that an employer can enter into an enterprise agreement with a limited number of employees, but with the capacity to apply over time to a wider range of employees.

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Implications of contamination for the valuation of land

6 March 2015

In April the Court will consider the interpretation of section 6A of the Valuation of Land Act 1916 (NSW), and decide whether the Valuer-General appropriately ignored contamination when valuing land.

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The right to exploit a patent is a “single indivisible right” - Full Federal Court confirms

2 March 2015

In February last year we reported on a decision of Justice Yates of the Federal Court in Bristol-Myers Squibb Company v Apotex Pty Ltd (No 5).

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Pause, reset and recommence: Release of the NSW Gas Plan and “where to” for the onshore gas industry in New South Wales

2 March 2015

The NSW Government released its Gas Plan on 13 November 2014. The Gas Plan sets out the strategic framework for the coal seam gas (CSG) industry in New South Wales.

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Polluters to pay for air monitoring in Newcastle

2 March 2015

The NSW Environment Protection Authority (EPA) has established the Newcastle Local Air Quality Monitoring Network amid community concerns about air pollution.

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Offers of compromise by acquiring authorities in Class 3 compensation proceedings

26 February 2015

The Court found that the dispossessed land owner was entitled to its costs up to and including the date the offer of compromise was made but, after that date, each party was required to bear its own costs of the litigation.

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