High Court rulings clarify contract worker status

FromLaw Report - Full program podcast

Start listening View podcast show

High Court rulings clarify contract worker status

FromLaw Report - Full program podcast

ratings:

Length:

29 minutes

Released:

Feb 15, 2022

Format:

Podcast episode

Description

The High Court has delivered two judgments that help clarify the legal distinction between the status of a contract worker and a employee, with potential long-term implications across Australian workplaces. Also in the program, a neighbourhood dispute that grew 'out of all proportion' ends in the New South Wales Supreme Court.

Released:

Feb 15, 2022

Format:

Podcast episode

Titles in the series (100)

Informative, jargon-free stories about law reform, legal education, test cases, miscarriages of justice and legal culture. The Law Report makes the law accessible.

Skip carousel

Damning report on treatment of prisoners with disabilities; The 'slayer rule' and elder abuse: Human Rights Watch reports that prisoners with disabilities in Queensland and WA are particularly at risk of neglect and abuse. Also on the program, could an expanded American style 'slayer law', be a way to deter elder abuse? by Law Report - Full program podcast
28 min listen
South Australia's Gambling Court: A visit to the first court in Australia to deal with criminal offenders with a gambling addiction. by Law Report - Full program podcast
28 min listen
Restorative Justice: Only a small percentage of sexual assaults are reported to police and only a small percentage lead to a conviction. The South East Centre Against Sexual Assault is addressing the needs of survivors in a different way. by Law Report - Full program podcast
28 min listen
Space law in the 21st century: Corporations, as well as nations are venturing into space for satellite technology, mining even tourism. Are the laws created over fifty years ago up to speed in this new space race? by Law Report - Full program podcast
28 min listen
Lloyd Rayney's defamation win and an alternative to medical negligence litigation: It's the second largest defamation damages payout in Australia. Why did the WA Supreme Court award Lloyd Rayney $2.6 million? Also, 'open disclosure', an alternative to costly and stressful medical malpractice lawsuits. by Law Report - Full program podcast
28 min listen
Inside the Jury Room part three: Juror bias: When juries retire to the deliberation room, should they leave all of their personal beliefs and prejudices at the door? And is this even possible? by Law Report - Full program podcast
28 min listen
Anne Buist on writing her life's work: Perinatal psychiatrist Anne Buist is a women's mental health advocate and expert witness who works with protective services, and as an expert witness in the courts, in cases of abuse, kidnapping, infanticide and murder. She is also a novelist who explores many of the darker aspects of her work in fiction. by Law Report - Full program podcast
28 min listen
Australia and early settler law: From the capital offence of stealing food to property rights and cases involving swine, an insight into how the First Fleeters managed to create what is now considered 'the land of the fair go'. by Law Report - Full program podcast
28 min listen
Extradition processes in the 21st century and Victoria parliament soon to debate treaty advancing legislation by Law Report - Full program podcast
28 min listen
A civics education: A tour of Canberra exploring Australian democracy with St Kilda Primary School grade six students. by Law Report - Full program podcast
28 min listen
Seeking compensation for family violence and chat bot wills: There are a number of avenues for those seeking compensation for family violence including the civil courts but at least one state, a mechanism for assisting survivors with compensation has come under criticism. And a South Australian law firm is selling chatbot generated wills for $150. How different is it from the will kits purchased from a newsagency, what are the safeguards and is it a way of providing a much needed service in remote communities? by Law Report - Full program podcast
28 min listen
Law Report 9th October 2018 by Law Report - Full program podcast
29 min listen
Commonwealth Redress Scheme restrictions and South African jailed for racist tirade: Why will some survivors of institutional sexual abuse be locked out of the Commonwealth Redress Scheme? And when using a really offensive word in South Africa multiple times lands you in jail. by Law Report - Full program podcast
28 min listen
Australia's first school lawyer: Meet the first in-house school lawyer in Australia. Vincent Shin provides legal advice to students and their families who attend a Victorian school. by Law Report - Full program podcast
29 min listen
Federal court declares 'Dr Droop' bankrupt; Jewish divorce, the complicated nexus between religious and secular law: After mulitiple run ins with regulators, the man behind the 'bonk longer' billboards has been declared bankrupt. And Gett recalcitrance, that's when a Jewish marriage falls apart and one spouse refuses to grant a religious divorce. by Law Report - Full program podcast
28 min listen
Neighbourhood tree disputes and the law: Disputes between neighbours over trees are as common as they are personal, and can get so bad that some property owners sell up to avoid conflict. by Law Report - Full program podcast
28 min listen
Questions over Commonwealth Redress Scheme for survivors of institutional sexual abuse: There are concerns that the Commonwealth Redress Scheme, one of the key recommendations of the Royal Commission into Institutional Child Sexual Abuse, will never get off the ground. by Law Report - Full program podcast
28 min listen
Tips for Beauty salons to support clients who experience family violence; Victorian Supreme Court responds to legal costs blowout: An innovative program HaiR-3R's aims to help hairdressers recognise and support Victorian clients who may be experiencing family violence. Also on the program, what is a reasonable legal fee in a relatively straightforward wills and estate case? A Victorian Supreme Court Judge had some strong words to say in a dispute about lawyers costs. by Law Report - Full program podcast
28 min listen
Over-medication in aged care and blockchain contracts: Examining the laws governing the use of anti-psychotic and other drugs to sedate residents in aged-care facilities in the US and Australia. And smart contracts are an emerging area of the law, but exactly what are they and what happens if they go rogue? by Law Report - Full program podcast
28 min listen
Debt and road tolls: the dilemma and solutions: Toll fines are one of the major issues dealt with in Victorian and Queensland courts, with some debts as high as $200,000. Why are such massive debts accrued and what can be done about it? by Law Report - Full program podcast
28 min listen
Alan Jones defamation ruling. And why XX won't face a re-trial for murder: Radio broadcaster Alan Jones has been ordered to pay damages of 3.7 million dollars for defaming the Wagner brothers And the High Court of Australia allowed the use of previously recorded evidence involving a man known as Dennis Bauer convicted of multiple child sex offences and in NSW, the Supreme Court, Court of Criminal appeal refused to re-try a man for murder of three indigenous children, saying there wasn't sufficient 'fresh and compelling evidence' to overturn the principle of double jeopardy. by Law Report - Full program podcast
28 min listen
Canadian university loses right to open law school and Portugal's policy on drugs and addiction: Freedom of religion versus equal rights is tested in the Canadian and US Supreme Courts, and Portugal's unique approach to drug addiction. by Law Report - Full program podcast
28 min listen
Inside the Jury Room part one: The Ouija board jurors: It’s the most notorious case ever of jury misbehaviour. In the 1994 double murder trial of Stephen Young, drunk jurors used a Ouija board to ask the murder victims, "who killed you?". But is there more to this story than just hapless, irresponsible jurors? by Law Report - Full program podcast
28 min listen
ACT's unique approach to Family Violence Orders: In the ACT, mediation is mandatory if you are seeking a permanent order to keep a violent ex partner away. How does it work and how successful is this unique system? by Law Report - Full program podcast
28 min listen
Health Justice Partnerships: Health Justice Partnerships provide legal help to hospital patients. We look at the collaboration between three major hospitals and Inner Melbourne Community Legal. by Law Report - Full program podcast
29 min listen
Inside the Jury Room part one: The Ouija board jurors: It’s the most notorious case ever of jury misbehaviour. In the 1994 double murder trial of Stephen Young, drunk jurors used a Ouija board to ask the murder victims, "who killed you?". But is there more to this story than just hapless, irresponsible jurors? by Law Report - Full program podcast
28 min listen
Senate inquiry into deaths at work by Law Report - Full program podcast
28 min listen
Work related pyschiatric injury in SA: Welfare of performance artists by Law Report - Full program podcast
28 min listen
Inside the Jury Room part three: Juror bias: When juries retire to the deliberation room, should they leave all of their personal beliefs and prejudices at the door? And is this even possible? by Law Report - Full program podcast
28 min listen
Queensland's outlaw bikie exit scheme. And international divorce property dispute can be heard in Australia: Queensland Police has launched an exit scheme to help outlaw motor cycle gang members break away from their clubs. It's the first venture of this kind in Australia. And the High Court has ruled that issues around property division and maintenance can be heard in an Australian court, even when the divorce is overseas. by Law Report - Full program podcast
29 min listen

More Episodes from Law Report - Full program podcast

Skip carousel

Judge v jury trials: Why did actor Johnny Depp's defamation case against his former wife Amber Heard succeed in the US after failing at a similar trial in the UK? And a man ordered to face trial before a judge alone under the ACT’s pandemic emergency law says he was denied the right for his case to be heard by a jury. But does such a legal right exist in Australia? by Law Report - Full program podcast
29 min listen
Fiji environmental crime verdict 'sets precedent': Freesoul Real Estate has days to appeal a ground-breaking fine imposed by Fiji's High Court after the Chinese resort developer carried out unauthorised works on a remote island. And environmental law in the Pacific. by Law Report - Full program podcast
29 min listen
Radio on the inside: The world's only nationwide in-house prison network broadcasts 24 hours a day and is produced by and for inmates. by Law Report - Full program podcast
29 min listen
When is a de facto relationship over?: A High Court decision raises questions about how a de facto relationship is defined, and what happens when a person’s mental capacities decline with old age. And, if a person granted humanitarian protection by Australia commits a serious crime, can they be deported to a conflict zone? by Law Report - Full program podcast
29 min listen
Fears US Supreme Court will overturn Roe v Wade after draft opinion leaked: The publication of a leaked draft opinion by conservative judge Samuel Alito has sparked fears the United States Supreme Court could overturn a landmark decision that enshrines abortion rights for women. by Law Report - Full program podcast
29 min listen
Russia accuses NATO of 'proxy war' in Ukraine, and juror misconduct: Does NATO’s increasing military support for Ukraine amount to waging “a proxy war against Russia”? And the High Court has overturned a number of sex offence convictions of a tutor due to juror misconduct. by Law Report - Full program podcast
29 min listen
Employer liability for psychiatric injury: When is an employer liable for psychiatric injury sustained in the workplace? by Law Report - Full program podcast
28 min listen
Why gender diversity on the bench is important: In the second of a two-part series, the Law Report speaks with members of the International Association of Women Judges in several countries. They explain the obstacles women judges face and what gender diversity brings to legal decision making. by Law Report - Full program podcast
29 min listen
How Afghan women judges found safety in Australia: In the first of a two-part series on women judges, the Law Report introduces judge Shakila Abawi Shigarf, who was forced to flee Afghanistan when the Taliban retook power in August 2021. by Law Report - Full program podcast
29 min listen
Cheng Lei awaits China trial verdict, and Vic court rules on wind farm noise: The national security trial of Australian journalist Cheng Lei in China. And two Victorian farmers have won a legal battle over noise pollution against a neighbouring wind farm. by Law Report - Full program podcast
29 min listen
'Predatory lending', and supporting Indigenous people in NT watch houses: The High Court has ruled that a lender engaged in 'unconscionable conduct' by approving an asset-based loan to an unemployed man. And a look at how the Northern Territory Custody Notification Service supports Indigenous people detained in watch houses. by Law Report - Full program podcast
29 min listen
Gathering evidence of possible war crimes in Ukraine: A former war crimes judge and prosecutor explains the challenges of collecting evidence in a conflict zone. And the humanitarian crisis spilling beyond Ukraine's borders as Russian forces strengthen their attacks. by Law Report - Full program podcast
29 min listen
The legal needs of flood victims, and Kumanjayi Walker murder trial aquittal: Severe flooding in New South Wales and Queensland has created a range of tenancy and insurance issues for people in affected areas. And a view from inside the court where Northern Territory police officer Zachary Rolfe was acquitted of charges in the shooting death of Aboriginal man Kumanjayi Walker. by Law Report - Full program podcast
29 min listen
Ukraine: how clear are the laws of war? And women's rights to inherit land: As the war the conflict in Ukraine escalates, what does international law say about humanitarian corridors, civilian combatants and prisoners of war? And why dozens of countries don't allow women the right to own and inherit land. by Law Report - Full program podcast
29 min listen
ICC to launch Ukraine war crimes probe, and NSW Chief Justice Tom Bathurst retires: As the International Criminal Court announces plans to investigate possible war crimes in Ukraine, what help can the country expect from international law frameworks and rules-based systems? And a wide-ranging interview with the Chief Justice of the New South Wales Supreme Court, Tom Bathurst, who is retiring after more than a decade in office. by Law Report - Full program podcast
34 min listen
Sandy Hook settlement, and pets in family law disputes: Could a US$73 million settlement for relatives of the 2012 Sandy Hook school massacre open the door for other lawsuits against US gun manufacturers? And who gets the furry babies when a couple divorces? by Law Report - Full program podcast
29 min listen
Are Australia's political donation laws fit for purpose?: The Australian Electoral Commission has revealed that 10 donors account for a quarter of donations made to the country's political parties in the 2020-21 financial year. According to the Commission, the source of one third of all political income remains undisclosed. What does the data reveal and what does it hide? And what does it say about the rules governing political donations? by Law Report - Full program podcast
29 min listen
When does misrepresenting professional experience become a criminal offence?: When does inflating professional skills and experience cross a line to become a criminal offence? by Law Report - Full program podcast
29 min listen
Deporting Djokovic, and Catholic diocese found vicariously liable in historical child sex abuse case: The Federal Government's move to deport Serbian tennis player Novak Djokovic from Australia has highlighted the scope of discretionary powers held by the immigration minister. And the Supreme Court of Victoria sets a legal precedent in what is believed to be the first ruling to find a Catholic diocese in Australia 'vicariously liable' for child sexual abuse committed by a priest decades ago. by Law Report - Full program podcast
29 min listen
Crime and justice in the Torres Strait, and Cape York’s Licensing Muster program: According to a study which explores how the Torres Strait's unique culture, geography and colonial experience has shaped the current crime and justice landscape, property crime in the region is very low. And the innovative Licensing Muster Project is helping Indigenous people living at the top of Cape York obtain birth certificates which are required when applying for a drivers licence. by Law Report - Full program podcast
29 min listen
Inside Thomas Embling Hospital, a forensic health facility: For the first time a journalist is allowed to record in the Thomas Embling Hospital, Melbourne's Forensic healthcare facility. Meet therapists, the psychiatrist in charge and some of the patients who have committed a serious crime but are deemed not responsible for their actions due to mental illness. by Law Report - Full program podcast
29 min listen
Court rules couples can conspire, and how brain implants might transform criminal law: The High Court of Australia rules that a married couple can conspire to commit a crime. Also, the challenges posed by emerging neurotechnologies. by Law Report - Full program podcast
29 min listen
How itchy underpants created Australia's consumer laws: If a consumer is injured by a faulty product, they can sue the manufacturer. In Australia, The law of Negligence or Torts forms a fundamental building block of our legal system. As reporter Carly Godden discovers, these laws owe much of their origins to a case from the 1930's involving a pair of woollen long johns. by Law Report - Full program podcast
29 min listen

Discover this podcast and so much more

High Court rulings clarify contract worker status

High Court rulings clarify contract worker status

Description

Titles in the series (100)

More Episodes from Law Report - Full program podcast