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Does the Australian Government have a duty of care in relation to climate change?

On October 26, 2021, Wadhuam Paul Kabai and Wadhuam Pabai Pabai, First Nations’ leaders from the Gudamalulgal nation of the Torres Strait Islands, filed a case challenging the Commonwealth’s failure to cut emissions and asserting that the government’s inaction will force their communities to migrate to a new area. The Plaintiffs presented scientific evidence proving …
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Are PhD Students being paid below the minimum wage?

University of Sydney Classics PhD graduate Tristan Burt has launched a class action against the Commonwealth, arguing that PhD students should be classified as employees rather than students. Burt takes aim as the Commonwealth Research Training Program (RTP) which provides RTP scholarships to doctorate students for stipends, among other things, to assist students with the …
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Traps in being too strict in probity

Probity is central to Australian Government procurement. To achieve probity in a procurement process, some of the general principles for officials to be mindful of include: To help comply with these principles, there are now well-established probity practices developed and refined over the last three decades that should be used. These practices include the implementation …
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New year, new charity reporting obligations

Late last year, a number of amendments were made to charity regulations which impact on ACNC reporting obligations from this year. The changes relate to: The charity size thresholds have been amended, from the 2022 annual reporting period, as follows: Charity Size Defined now as: From 2022 Annual Information Statement reporting period, defined as: Small …
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Does your agency know when to engage a probity advisor?

Probity is the evidence of ethical behaviour, and can be defined as complete and confirmed integrity, uprightness and honesty in a particular process. When dealing with government resources officials need to ensure proper use and management of public resources. Probity aims to identify the risks which can occur at any stage of a process and …
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Are you building or renovating? How does your contract deal with disputes?

A recent case involving a dispute between a builder and homeowners after they entered into a Masters Builders Association Home Building Contract (Contract) has highlighted some important considerations in respect of dispute resolution processes in building and construction contracts. The Court upheld the validity of a clause in the Contract which allowed disputes between the …
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Unfair dismissal – Childcare responsibilities were not a valid reason for failing to comply with Fair Work Commission directions

Mr Praveen Samuel lodged an unfair dismissal application with the Fair Work Commission (the Commission). He failed to respond to correspondence from the Commission by the deadline imposed and his application was dismissed. He sought leave to appeal the decision. The appeal was dismissed on the grounds that there would be no public interest in …
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Unfair dismissal – Can unauthorised annual leave reduce the minimum employment period?

Mr Calleja was employed as a full-time spring maker until his employment was terminated by his employer in March 2021. Mr Calleja subsequently made an unfair dismissal claim. The former employer raised multiple defences to Mr Calleja’s claim, one of which was that Mr Calleja had not been employed for long enough to make an …
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How certain are the terms of your employment contracts?

In the recent case of McAlister v Yara Australia Pty Ltd [2021] FCCA 1409, an employer was ordered by the Federal Circuit Court to pay damages of approximately $143,000 plus statutory entitlements (less any amounts already paid) for wrongful termination representing 9-months pay in lieu of notice to an employee. This may have been avoided …
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