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92 articles are classified in All Articles > Legal > Common law



Boral case hits snag - ordered to pay costs for first part of trial

Boral Resources has suffered a setback in its push to win more than $20 million in damages from the CFMEU, with the company ordered to pay the union's "substantial" legal costs after its civil trial was adjourned today for six weeks.


Full bench confirms defence personnel not "employees"

A full bench of the Federal Court has confirmed the common law definition of "employee" as it applies to defence personnel after an enlisted serviceperson unsuccessfully argued the Commonwealth had discriminated against him when it took adverse action and sacked him for being HIV positive.


High Court rejects CFMEU's bid to oust tort of intimidation

The High Court has refused the CFMEU special leave to challenge last year's Victorian Court of Appeal finding that the Boral group could rely on the tort of intimidation to recover millions in damages for concrete supply bans.

Home search order refused in restraint of trade dispute

The WA Supreme Court has refused to grant an order to search the home of a labour hire company's former Rio Tinto Pilbara account manager accused of soliciting business for a competitor in breach of a six-month restraint of trade provision.



Late wages "penalty" can be included in modern awards: FWC

A four-member Fair Work Commission full bench has ruled that the tribunal has the power to insert in modern awards a provision penalising employers for late payment of wages, but has left it to another bench to decide next week whether the proposal has merit.