Law Talking

Contractors vs Employees

In our first segment, Frank Hicks SC and Richard Cheney SC discuss the High Court decision of Stubbings v Jams 2 concerning unconscionable conduct, the Full Federal Court decision in Minister for the Environment v Sharma about the common law duty of care on the Minister in the context of climate change, and Palmer v Premiair Aviation Maintenance a case in which Clive Palmer was ordered to pay costs on an indemnity basis. 

In our second segment, Frank is joined by Ingmar Taylor SC and Lucy Saunders to discuss the recent High Court decisions concerning the question of independent contractor v employee – CFMMEU v Personnel Contracting and ZG Operations v Jamsek. 

 

Medium neutral citations of the cases discussed are: 

 

• Stubbings v Jams 2 Pty Ltd [2022] HCA 6
• Minister for the Environment v Sharma [2022] FCAFC 35
• Palmer v Premiair Aviation Maintenance [2022] FCA 185
• CFMMEU v Personnel Contracting [2022] HCA 1
• ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2

Vaccination orders and issues

In this episode of Law Talking, Ian Roberts and Frank Hicks look at recent High Court and NSW Court of Appeal decisions on varied topics such as Clive Palmer, academic freedom, casual workers, vaccination orders, and repudiation and causation in damages claims.

Leah Reid joins Frank to discuss vaccination issues in the context of family law and the many questions that can arise involving children and parenting.

Lastly, we revisit a seminar that was delivered earlier this year on how to plead a claim for breach of the statutory duty under s.37 of the Design Building Practitioners Act 2020, following the decision in Strata Plan 87060 v Loulach Developments.

 

Four cases and Front of House

In this episode, Frank Hicks looks at two recent UK decisions concerning liquidated damages and delay.  What is the accrued right to liquidated damages when works are terminated before completion and can a clause which is invalid as a penalty still be operable as a cap? 

In our second segment, Frank is joined by Richard Cheney and Adele Carr to discuss two important High Court decisions of recent times.  Price v Spoor considers the statutory limitations on liability and agreements which may make those provisions unenforceable.  Libertyworks Inc v The Commonwealth of Australia concerns the implied right of political communication and the Foreign Influence Transparency Scheme Act 2018 (Cth) ("the FITS Act"), which seeks to ensure greater transparency with respect to potential foreign influence in the effective functioning and accountability of Australian government institutions. 

Lastly, our Front of House team discusses life in Chambers in these strangest of times!

 

Intro and end music: This Right Here by Till

Transition sounds: The Improv and Extraordinaire by DJ Quads

Produced by Greenway Chambers

Latest news and regulations

On this episode of Law Talking with Greenway Chambers, Frank Hicks and Ian Roberts look at current events, with a focus on the recent decision of the Federal Court where it was held that a common law duty of care was owed by the Commonwealth Environment Minister to the children of Australia with respect to climate change and approval of the extension of a coal mine.  They also look at the conclusion of the defamation proceedings brought by Christian Porter against the ABC, and Clive Palmer appeals his loss to Twisted Sister over copyright.    

Frank is then joined by Declan Byrne and Faheem Anwar to discuss the upcoming CPD on the new Regulations to the Design Building Practitioners Act and how to plead a claim for breach of the statutory duty of care under section of that Act for defects causing economic loss.  

 

Available to listen on Apple.
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Available to listen on Google Podcasts.

Intro and end music: This Right Here by Till
Transition sounds: The Improv and Extraordinaire by DJ Quads
Produced by Greenway Chambers

The three C's

Current events, class actions and cycle club.

In this episode Frank Hicks, Ian Roberts and Richard Sergi look at current events, with a focus on the controversy surrounding the Attorney General and the role of the Coroner in such circumstances.  The reasons of the High Court in the Clive Palmer challenge to the WA lockdown laws are also considered.  

 

Lucas Shipway and Declan Byrne provide a summary of their upcoming CPD on class actions in construction law. 

 

Lastly, Ian Roberts and Richard Sergi discuss the Greenway Cycle Club and the benefits of cycling with Frank Hicks.

 

Intro and end music: This Right Here by Till
Transition sounds: The Improv and Extraordinaire by DJ Quads
Produced by Greenway Chambers

Expect the unexpected

On this episode of Law Talking with Greenway Chambers, Frank Hicks and Ian Roberts look at recent events, including challenges to COVID 19 restrictions in the High Court and Victoria and the settlement of climate change litigation brought in the federal court in respect of superannuation.  

Penny Thew and Faheem Anwar discuss recent developments in the law for General Protection Claims under Part 3-1 of the Fair Work Act 2009. 

And in the final segment, one of our wonderful Assistant Clerks Sharni McPhee talks about her love of the circus and performing aerial acrobatics. 

A marathon of change

On episode four of Law Talking Frank Hicks SC and Lucas Shipway look at recent events, including climate change litigation brought in the federal court in respect of government bonds and superannuation. 

Ingmar Taylor SC, Jamie Darams and Lucy Saunders consider employment in these current difficult times, particularly the power of employers to stand-down employees due to the COVID-19 shutdowns. 

In the final segment, Julie Wright talks to Ian Roberts SC about undertaking the challenge of the 2019 Port Macquarie Ironman. 

 

Intro and end music: This Right Here by Till 
Transition sounds: The Improv and Extraordinaire by DJ Quads 
Produced by Greenway Chambers

Game on in ethics and music

In episode 3 of Law Talking with Greenway Chambers, Frank Hicks SC, Adele Carr and Leah Reid look at issues that continue to arise in these times of pandemic, together with 3 recent full federal court decisions on the question of "contractor or employee?" that was discussed in depth in Episode 2. 

 

Ian Roberts SC and Lucy Saunders take a detailed look at Sport, Ethics and Employment with Olympic rower and academic Vicki Roberts and consider how issues that arise in sport, including in particular bullying and harassment, and compare with the way they are handled in the context of employment. 

 

In the final segment, members of the Greenway Chambers rock band Brief Encounter, talk about forming and playing, and are on the lookout for readers who can play keyboards! 

 

Intro and end music: This Right Here by Till

Transition sounds: The Improv and Extraordinaire by DJ Quads

Produced by Greenway Chambers

Stand down

Frank Hicks SC discusses the new Design and Building Practitioners Act 2020 and the new statutory duty of care for construction works, two important decisions of the US Supreme Court and the investigation of and findings against Dyson Heydon QC. Ingmar Taylor SC, Jamie Darams and Lucy Saunders address the Uber Eats decision of the Full Bench of the Fair Work Commission. Lastly, Frank Hicks discusses his trip to the Ashes in 2019 with Ian Roberts.

Welcome to Law Talking by Greenway Chambers

Ian Roberts, Frank Hicks and Declan Byrne Discuss recent cases on the Security of Payment Act, the Home Building Act and oral misrepresentations.

Professor McNamara of UNSW talks about the policing of public spaces, surveillance and “control offences”.

And Ian Roberts on his marathon charity bike ride.

Intro and end music: This Right Here by Till

Transition sounds: The Improv and Extraordinaire by DJ Quads

Produced by Greenway Chambers