Claims arising from sexual assault or harassment can be complex. The seminar will canvas the causes of action available to a person who has been sexually assaulted or harassed, including actions available under discrimination laws, common law and the law regulating WorkCover.
Discrimination laws prohibit, and the common law regulates through tort, some sexual harassment. State and federal Acts and the common law adopt different rules that attribute liability to employers for that conduct. The application of those rules can lead to an employer’s direct (primary), vicarious or accessorial liability. The contours of these rules of attribution will be discussed.
On 2 September 2021, the Federal Government’s Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 passed both houses of Parliament. It adopts six of the 55 recommendations made in last year’s Respect@Work:National Inquiry into Sexual Harassment report by the Australian Human Rights Commission. The reforms brought about by the Respect@Work legislation will be outlined.
Australia’s economy is changing. Rapid advances in technology, social media, the new forms of work, and the start-up phenomenon, have all changed the way in which Australian business treats its intellectual property, trade secrets and know how. The protection of confidential information, and the detection of its misuse, is only going to assume increasing importance as these changes to our economy continue to evolve.
Breach of confidence claims can be fast paced, high stakes, and stressful for both plaintiff and defendant. They can be just as stressful for the legal advisers and the Court. The purpose of this session is to discuss the tips and traps for running a breach of confidence claim, and in particular, the initial stages of seeking interlocutory relief. The session will cover tips and traps from both the plaintiff and defendant perspective.
Deloitte’s Forensic Services team will explain the new software available to business to protect confidential information and detect its misuse – evidence will no longer be just about email searches, log in tracking and USB tracing.
Conciliation is a staple element of any proceeding in the Fair Work Commission. Mediation is a standard step in any court proceeding. It is important for industrial lawyers (and sophisticated clients) not to miss an important opportunity to fully explore the prospects of resolving, or at least narrowing the issues in dispute, in matters.
This session will focus on some of the specific issues that arise in industrial law proceedings. How does mediation differ from conciliation? Why have both? What types of matters might benefit from pre-trial mediation? Is arbitration a realistic alternative? Should the approach differ when in mediations with regulators? Consideration will also be given to practical matters such as preparation for mediation, how best to manage the psychological byplay that often arises, and how to break through roadblocks during mediations.
This seminar presents a great opportunity for all legal practitioners working in child protection to get up to speed with recent case law relevant to the jurisdiction, and to ask questions of some of the Counsel who appeared.
This seminar will help lawyers who are prepared to help clients with migration law problems, but who may be new to migration law or administrative law in general, to understand the basics of running migration litigation.
As solicitors and barristers, it is our duty to assist the members of the judiciary to carry out their judicial function. In carrying out that duty, we are subject to very important obligations imposed by the Civil Procedure Act 2010 and the Federal Court of Australia Act 1976. As the consumers of our advocacy services, who better to hear from on such an important topic than the judges.
This session will be focussed on practical measures that can be taken to avoid annoying the court and to ensure that proceedings run as smoothly and efficiently as possible.
Discrimination claims are now brought through various means, including representative proceedings; in a variety of contexts; and in various forums. This CPD seminar will address recent developments in discrimination law and insights from the Federal Court, the Victorian Equal Opportunity and Human Rights Commission and…