Jackson McDonald publications


  • 19 December 2012

    Consent judgments allow plaintiffs another bite of the cherry

    The High Court recently held by a majority of 3 – 2, that the restriction under section 7(1)(b) of the Law Reform (Contributory Negligence and Tortfeasors’ Contribution) Act 1947 (WA) (“the Act”) on the sum recoverable by a plaintiff who obtains multiple judgments in respect of the same damage, as a result of a tort, does not extend to consent judgments.

    Download PDF 512 KB

    Author: Alex Lustig

  • 10 December 2012

    Key changes to the Fair Work Act 2009

    The Fair Work Amendment Act 2012 (“the FWA Act”), which will amend the Fair Work Act 2009 (“the FW Act”), received Royal Assent on 4 December 2012. Most of the amendments will commence on 1 January 2013, while those changes relating to superannuation funds willcommence on 1 January 2014.

    Download PDF 419 KB

    Author: Renae Harding

  • 28 November 2012

    Dismissal unfair despite previous Christmas party head-butting

    Dismissal held to be unfair but application for reinstatement denied: The Fair Work Australia decision Dewson v Boom Logistics [2012] FWA 9027 reinforces the importance of following process and providing natural justice when managing employee behaviour and determining a penalty for such behaviour.

    Download PDF 414 KB

    Author: Renae Harding

  • 29 October 2012

    Employee’s out of hours use of social media can constitute valid reason for dismissal – The Sequel

    Reinstatement decision upheld on appeal: The Full Bench decision Linfox Australia Pty Ltd v Stutsel [2012] FWAFB 7097 (3 October 2012) reinforces the importance of employers implementing a social media policy and provides guidance as to the circumstances in which an employee’s use of social media may constitute a valid reason for dismissal.

    Download PDF 391 KB

    Author: Renae Harding

  • 24 October 2012

    Construction Disputes – why do they happen?

    Disputes are disruptive - not only in terms of submitting and assessing the matters that give rise to the dispute, but also in terms of the time and cost that can be associated with subsequent formal dispute resolution.

    From our 90 years experience in helping our clients avoid, manage and resolve their differences on construction and engineering projects, we know that there are a number of key factors that can influence whether or not a “difference” becomes a “dispute”, and then whether or not that dispute can be quickly, efficiently and amicably resolved.

    Download PDF 396.26kb

    Authors: Basil Georgiou, Thomas Jacobs

  • 23 October 2012

    Have you suffered loss in the sale of a building with faulty or defective building work?

    Did you know that under section 5(1) of the Building Services (Complaints Resolution and Administration) Act 2011 (WA) (Complaints Act), a previous owner of a building can bring a claim against the builder for unsatisfactory or faulty building work. However, although you have the right to bring the claim, you may not get much out of it.

    Download PDF 389.23kb

    Authors: Basil Georgiou, Thomas Jacobs

  • 16 September 2012

    Door opens for community housing and aged-care providers to object to Local Government rates

    Following a decision by the State Administrative Tribunal delivered on 12 September 2012, community housing and aged-care providers,who have had rates objections rejected by Local Governments, may now be able to lodge those objections.

    Download PDF 280KB


  • 31 August 2012

    Preparing for your AGM - a general guide for ASX listed companies

    With the traditional annual general meeting (AGM) season fast approaching, we take this opportunity to draw your attention to some of the matters that should be addressed to help make sure everything runs according to plan.

    We also outline some of the recent amendments to the Corporations Act 2001 (Cth) (Corporations Act), which may be relevant to your future annual reporting.

    Download PDF 548

    Author: Will Moncrieff

  • 30 August 2012

    Local governments and WA’s ageing population

    It is broadly recognised that the current supply of aged care services in Australia is inadequate to cater for the increasing and changing demands that will be placed on local government in future years. This publication discusses the Living Longer Living Better report released by the Federal Government earlier this year. The report flags major reforms for the aged care sector as well as increased regulation for the operators of aged care facilities.

    Download PDF 446 KB

    Author: Simon Moen

  • 23 August 2012

    New capital raising rules for ASX listed companies

    New ASX Listing Rules for capital raisings by small to mid cap listed companies came into effect on 1 August 2012.

    Download PDF 558 KB

    Author: Will Moncrieff