New Covid vaccination compensation scheme provides additional incentive to employers to have staff vaccinated

In a media release on Saturday 28 August 2021, the Minister for Health and Aged Care, The Hon. Greg Hunt announced details of a new no fault COVID-19 Vaccine Claim Scheme (VCS) which will operate nationally. The scheme will cov...

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No jab, no work – FWO’s updated advice still leaves questions for employers

The Fair Work Ombudsman (FWO) posted updated guidance on its website last night relating to the power of employers to mandate COVID-19 vaccinations for their employees. This is an issue that we have also discussed before. Pr...

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Failure to call witness fatal to Liquidators’ claim

Introduction The Federal Court of Australia recently considered in Ross, in the matter of Print Mail Logistics (International) Pty Ltd (in liq) v Elias [2021] FCA 419 ("Proceeding") the circumstances in which a Jones v Dunkel (1...

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Unfair preferences under failed DOCA

Introduction The recent decision of Rees J in the New South Wales Supreme Court in the matter Re, Western Port Holdings Pty Ltd (Recs and Mgrs Apptd) (2021) 150 ACSR 274 ("Western Port") considers the vexed question of when a thi...

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Fair Work Commission decides Deliveroo riders are employees. What about the rest of the gig economy?

On 18 May 2021, the Fair Work Commission decided that a Deliveroo food delivery motorbike rider was an employee, not a contractor, and that his dismissal by email had been unfair.  Deliveroo was ordered to reinstate the worker an...

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Federal Court of Appeal Gunns down peak indebtedness rule

On 24 June 2021 the Federal Court handed down a second decision which provides further updates to this case.  Read our analysis here. Introduction In a major blow to liquidators, on 10 May 2021 the Federal Court Appeal in Baden...

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