Source https://berkonomics.com/?p=2575

ARE YOU AN INDEPENDENT CONTRACTOR OR AN EMPLOYEE?  SOMETIMES EVEN THE COURTS SEEM TO STRUGGLE TO ANSWER THIS QUESTION.

TweetARE YOU AN INDEPENDENT CONTRACTOR OR AN EMPLOYEE?  SOMETIMES EVEN THE COURTS SEEM TO STRUGGLE TO ANSWER THIS QUESTION. Fair Work Ombudsman ‘FWO’ v Quest South Perth Holdings Pty Ltd, ‘Quest’[1] AS COMPARED WITH Tattsbet Limited v Morrow, ‘Tattsbet’[2] Introduction This case note examines the cases of Quest and Tattsbet which were resolved by the […]

ADR

THE ROLE OF A LAWYER IN ADR

TweetAbstract Alternative Dispute Resolution ‘ADR’ has been evolving with social and legal reforms associated with access to justice.  To provide an expressly defined role of a lawyer in ADR is as difficult as limiting ADR itself. The contemporary climate of ADR evolving and expanding throughout the legal system with emphasis shifting from position driven adversarial […]

Parliamentary inquiry into a better family law system to support and protect those affected by family violence

This submission partially responds to the request by the Royal Commission into Family Violence Summary , (as published by WLSV, 2016), that the Australian Institute of Family Studies, (AIFS) is provided with a framework to conduct research into the practices and assessments of family consultants.

This author addresses the fifth terms of reference and suggests that many of the proposals could be applicable for further critical analysis of anyone performing a similar function to family consultants, inclusive of court report writers, assessors, family dispute practitioners, and child protection workers/assessors by for example, the AIFS.

Past reports have often been more heavily weighted on the legal professional’s side rather than the victims’ voice. Looking for answers within a struggling system weighted with the very practitioners who are complicit and benefit from the current service delivery, limits public confidence with some conclusions from historic relevant inquiries. The current inquiry’s invitation for the victims and court participant’s voice via the questionnaire is a welcome inclusion of a balanced perspective.
The family and children’s courts have an opportunity to protect families from violence. To do this effectively the health and safety of victims of violence must be prioritised through protective legislation. The most dangerous cases are where contested cases are used to control and punish the protective parent as an extension of violence. These cases need to be managed much differently to consented proceedings if we are to efficiently protect against family violence.
The family courts are in current crisis because they are regarding myths and opinions over sound research and fact. They are not endorsing standards or principles or employing practices which meaningfully identify and interpret the truth of the matter. Family violence has been grossly mismanaged through the court system as it stands, with horrific consequences.

Contemporary Challenges regarding Informed Consent & Vaccination in Australia

TweetThis paper examines the contemporary challenges with the doctrine of informed consent ‘Doctrine’ and its application in the vaccination program of the Australian Government[1].  In order to understand the challenges, we must first understand the background of the development of the Doctrine. The Doctrine commenced with the seminal Schloendorff[2]decision, where it was held the need […]

Does a Doctor have a Duty of Care to Investigate adverse reactions from Vaccines?

TweetIt is clear already there is a legal requirement to advise patients of all material risks associated with vaccines[1] and to obtain valid informed consent[2]. However, there is an equally a legal duty to disclose a suspected adverse event which has occurred in the course of treatment.  If a parent brings a child in for a vaccine, and […]