The Respondent Report The Respondent Report

Welcome back to the Respondent Report. The following audio file is from recent high court case of Workpac v Rossato and others 2021. This case provides the authority that casual employee's will not have the same entitlements of permanent employees. Employers and employees will need to be aware of the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021, which provides the definition of what constitutes a casual employee, expands on casual conversion, and protections employers from double dipping in which employees who were mistaken classified as casual employees and recieved casual loading, can only ask the court for the balance of the permanent entitlements minus the possible casual loading.

Criminal Law - R v Brown 1993 Full Judgement.

This case revolves around sadomasochism the UK, and the privacy policy concerns that affected the decisions on the judges. This is a heavily criticized case as it impeded on human autonomy and consent. Other jurisdictions such as Australia, have not followed in this judgements footsteps, however have acknowledged its public policy concerns regarding actual and grievous bodily harm.

Carlill v Carbolic Smoke Ball Company [1892] is the leading contracts case outlining the difference between mere puffery and an actual promise, a hallmark of contract law.

Derbyshire Building Co v Becker (1962) full judgement. This is the first podcast in a 3 part series. This first episode is the full judgement from the High Court regarding Derbyshire's case. The case is important for contract law as it outlines whether a contract can have implied warranties as to the condition of a product and whether it's fit for purpose. The following parts of the series will include deeper analysis into this case. This podcast series is aimed to help students, legal professional and the general public understand their rights and obligations under contract law in Australia.