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Monthly Archives:
October 2015

Liquidated Damages v Penalties: Recent Developments

Recently courts in Queensland have shown a willingness to striking down agreed upon damages clauses where the rate is considered extravagant or unconscionable. While it is common in the building and construction industry for parties to agree a rate of…

FAIR WORK FULL BENCH CONFIRMS REINSTATEMENT OF EMPLOYEE WHO SERIOUSLY BREACHED WHS PROCEDURES

The recent decision of the Full Bench of the Fair Work Commission in Chevron Australia Pty Ltd trading as Chevron v Rogers [2015] FWCFB 5354 should sound a note of warning to employers who seek to rely on breaches of…

Let’s hear it for the buoy: A snippet on the hazards of diving

In this update we examine the Supreme Court of Queensland decision of Du Pradal & Anor v Petchell, being a damages claim made by Mr Du Pradal for injuries he suffered as a result of being run over by a…

Terminating Caretaking Agreements – Bodies Corporate Beware!

The relationship between a body corporate and a caretaker is a complex and important one.   In some instances, the body corporate might seek to terminate the Caretaking Agreement if they consider that the caretaker has  performed a breach of their…

Retail Shop Leases Amendment Bill 2015

The Retail Shop Leases Amendment Bill 2015 (“the Bill”) was introduced into Parliament on 13 October 2015. The Bill is the result of a statutory review, which commenced in 2011, of the operation of the Retail Shop Leases Act 1994…