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How do I prove that a dismissal was Harsh, Unfair or Unjust in the Fair Work Commission?
To prove harsh, unfair or unjust dismissal in an unfair dismissal case in the Fair Work Commission, an employee needs to demonstrate that...
Brian AJ Newman LLB
Jun 22, 20231 min read
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What are my options for appealing an unfair dismissal?
Unfair Dismissal Application Lodge an unfair dismissal application with the Fair Work Commission. This involves filling out the...
Brian AJ Newman LLB
Jun 8, 20232 min read
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Do You Know the 48 Laws of Power?
The 48 Laws of Power is a book written by Robert Greene, which outlines strategies and tactics for gaining and maintaining power. Here...
Brian AJ Newman LLB
Jun 6, 20232 min read
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How to win friends and influence people
We all have that burning in us that wants to win friends and influence people. The 1936 Dale Carnegie self development book is one of the...
Brian AJ Newman LLB
Jun 6, 20231 min read
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Summary of U2023/719, Sam King v Fingal Bay Service Station & Tyre Service Pty Ltd
In the Unfair Dismissal Case U2023/719, Sam King filed a claim against Fingal Bay Service Station & Tyre Service Pty Ltd for unfairly...
Brian AJ Newman LLB
May 25, 20231 min read
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What is the Calderbank Principle and how does it relate to Costs Orders?
Calderbank v Calderbank [1976] Fam 93, [1975] 3 All ER 333; was an English Court of Appeal decision establishing the concept of a...
Brian AJ Newman LLB
May 25, 20232 min read
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What is the Briginshaw Test?
Briginshaw v Briginshaw (1938) 60 CLR 336 considered how the requisite standard of proof should operate in civil proceedings. The case...
Brian AJ Newman LLB
May 25, 20231 min read
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What are Special Damages and General Damages?
As professional Advocates, we think it is important for clients to understand the distinction between special damages and general...
Brian AJ Newman LLB
May 25, 20231 min read
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What is Sexploitation and what can you do about it?
Sexploitation is the use of sex or sexual content for commercial or personal gain, often at the expense of others. This can include the...
Brian AJ Newman LLB
May 25, 20232 min read
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What are General Protection under the Fair Work Act 2009 (Cth)?
Sham contracting is a term used in the Fair Work Act 2009 that refers to situations where an employer presents an employment relationship...
Brian AJ Newman LLB
May 25, 20232 min read
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The History of the White Australia Policy
The White Australia Policy was a series of laws and regulations implemented in Australia between 1901 and 1973, aimed at restricting...
Brian AJ Newman LLB
May 25, 20231 min read
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Racial Discrimination on Facebook for Queenslanders
Cyber bullying on Facebook involving racial discrimination is a serious issue that has become increasingly prevalent in today's digital...
Brian AJ Newman LLB
May 25, 20232 min read
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What is sexual harassment?
Sexual harassment in Australia is defined as any unwanted or unwelcome sexual behaviour, which makes a person feel offended, humiliated...
Brian AJ Newman LLB
May 22, 20231 min read
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What is the history of unions in Australia?
The history of unions in Australia dates back to the early 1800s when workers began to organize themselves to improve their working...
Brian AJ Newman LLB
May 22, 20231 min read
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How do I claim my unpaid superannuation?
If you believe you have unpaid superannuation, you can take the following steps to claim it: 1. Check if you are eligible: You can claim...
Brian AJ Newman LLB
May 22, 20231 min read
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How do I lodge an unfair dismissal claim?
To lodge an unfair dismissal claim, you need to follow these steps: 1. Check if you are eligible: You can only make an unfair dismissal...
Brian AJ Newman LLB
May 22, 20231 min read
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What is the Fair Work Commission High Income Threshold?
Introduction See Fair Work Act s.382 The high income threshold operates as a limit to an employee’s eligibility to be protected from...
Brian AJ Newman LLB
Apr 23, 20237 min read
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General Protections Case: C2022/5221 Maree Fay Harwood v Southern Youth And Family Services Limited
Ms Maree Fay Harwood (the Applicant) made an application to the Fair Work Commission (the Commission) under section 365 of the Fair Work...
Brian AJ Newman LLB
Apr 14, 20232 min read
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Unfair Dismissal Case: U2023/719 Sam King v Fingal Bay Service Station & Tyre Service Pty Ltd
Section 394 of the Fair Work Act 2009 (Cth) provides for an applicant to seek a remedy for unfair dismissal. There are cases, such as the...
Brian AJ Newman LLB
Apr 5, 20231 min read
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Unfair Dismissal in Australia
These are some terms you will find when you are accessing unfair dismissal remedies in Australia; Fair Work Commission: This is the main...
Brian AJ Newman LLB
Mar 27, 20231 min read
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