Litigation & Dispute Resolution

Filter Results

Should the Pension Age be reduced for First Nations people?

The full Federal Court will shortly consider whether Aboriginal and Torres Strait Islander peoples should be able to access the aged pension early following a recent legal proceeding that argues that the gap in life expectancy means holding them to the retirement age is discrimination and a contravention of the Racial Discrimination Act 1975. The …
Read more

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 …
Read more

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 …
Read more

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 …
Read more

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 …
Read more

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 …
Read more

ACAT fines Lessor for non-compliance with Tribunal order

It is vital to the administration of justice and the rule of law that orders of the Courts and Tribunals are complied with. The ACT Civil & Administrative Tribunal (Tribunal) has recently fined a litigant for the deliberate flouting of orders: Brynes v Wang (Residential Tenancies) [2020] ACAT 40. Order In this case, the Tenant …
Read more

kangaroos fighting

Can a dispute about a Deed, be resolved by the Deed in dispute?

The lessons from Rinehart v Hancock Prospecting Whether you’re confused about the heading of this article or identify with it – the question of how to resolve a dispute under a Deed is not always so simple. This was recently seen in one of the many legal battles plaguing the Rinehart family which ended in …
Read more