On 16 May 2006, the High Court handed down a decision which further explains the notion of vicarious liability. Vicarious liability arises when the actions of one can be made the actions of another. The court delivered a majority judgment of their Honours Gleeson CJ, Gummow, Hayne, Heydon and Crennan JJ with a lengthy plangent dissent from Justice Kirby. [...] Continue Reading…

The New South Government has introduced and had quickly passed two Bills which are a further attempt to cocoon a sizeable part of the New South Wales workforce from the reach of the WorkChoices legislation passed by the Federal Government. That part of the workforce that would otherwise have been covered by the WorkChoices legislation relates to public sector employees engaged by various statutory corporations although not (yet) employees of State Owned Corporations. The WorkChoices legislation does not apply to the public servants of State Governments. The New South Wales Government’s counter is to transfer public sector workers to direct Government employment, thus ensuring the continued application of the State industrial relations system for such persons. The legislation was jointly put together in two Bills, being one an amendment to the Industrial Relations Act and the other entitled The Public Sector Employment Legislation Amendment Bill. [...] Continue Reading…

Since Michael Tooma and I co-authored, in 2003, Thomson’s publication Law of Unfair Contracts in NSW, the unfair contracts jurisdiction found within the New South Wales Industrial Relations Act [...] Continue Reading…

This is a Book review I did of Becoming Justice Blackmun: Harry Blackmun’s Supreme Court Journey. The book is by Linda Greenhouse and is available through Amazon. To read my book review click here. [...] Continue Reading…

This is a speech given by Justice Handley at the book lauch of “The Law of Unfair Contracts in New South Wales” in November, 2003.

“I would like to thank Jeffrey Phillips SC and Michael Tooma for inviting me to launch their book and thus continue my association with the Commission’s jurisdiction over unfair contracts.
[...] Continue Reading…