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| Select News |
 | Seafarers scheme to get first overhaul in 21 years |
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The federal government says that seafarers’ work health and safety has come under the spotlight for the first time in 21 years
after it handed down a new report on the Seacare scheme.
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| Qld: Appeal court rules that purchasers could not avoid contract due to Land Sales Act “loop-hole” |
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Section 27 of the Land Sales Act 1984 (Qld) permits the purchaser of a proposed lot to avoid a contract if the vendor does not provide a registrable instrument
of transfer within 3½ years of the contract date. The purchasers in the following decision argued that they were entitled
to avoid the contract under this provision even though they had refused to settle (and the vendors were therefore unable to
provide the transfer). It should be noted that the section was amended in February 2012 to clarify that a purchaser can only
avoid the contract if the failure to give the transfer is not due to the purchaser’s default.
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| Fatality of person “other than employee” leads to fine |
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A $170,000 fine has been imposed on an employer that failed to establish exclusion zones and produce records of risk assessments,
safe work method statements and toolbox talks with respect to an inherently dangerous task.
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| Copyright: ISPs asked to hand over alleged pirates’ details |
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Delimiter has reported that Marque Lawyers, a small Sydney-based firm, has sent letters to major Australian Internet service
providers (ISPs) asking them to provide identifying details of users who have allegedly used peer-to-peer file sharing platforms
to infringe copyright, on behalf of unknown clients. If these details are obtained, the copyright owners will be able to sue
the users for copyright infringement.
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| Family Law Partner had “unjustified perception of bullying” says Court of Appeal |
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Fiona Brown has again failed to convince a court that she was systematically undermined, harassed and bullied by a fellow
employee, Lee Formica, when she returned to her position of head of the Family Law department at Maurice Blackburn Cashman
(MBC) following maternity leave in 2003. Additionally the Supreme Court of Victoria’s Court of Appeal confirmed that the firm’s
managing partner acted reasonably in the circumstances and there was no vicarious liability for the acts of Ms Formica nor
direct liability for an unsafe system of work.
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