Monthly Archives: September 2017

Mother awarded damages for nervous shock from Bankstown Hospital tragedy

Background

Ms Sorbello gave birth at the Bankstown Hospital to a son, Joseph, in 2008. Joseph suffered severe injury as the result of oxygen deprivation during his birth and as a result, he is profoundly disabled, has a significantly shortened life expectancy and requires lifetime care.

Proceedings were brought in negligence on behalf of Joseph against the South Western Sydney Local Health Network, which settled on confidential terms.

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DOL Withdraws Overtime Rule Appeal Continue Reading…

On September 5, 2017, the Department of Labor filed with the Fifth Circuit an unopposed motion asking the court to dismiss its appeal of the nationwide preliminary injunction ruling issued last November by a Judge Amos Mazzant in the Eastern District of Texas.  The motion states that DOL’s appeal is moot in light of Judge Mazzant’s entry of final judgment on August 31, 2017.  Barring any unusual further developments, we anticipate that the Fifth Circuit will dismiss the appeal promptly.

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Changes to Washington’s Pregnancy and Leave Laws

Accommodation of Pregnant Employees Effective July 23, 2017, employers in Washington State with 15 or more employees must provide specific reasonable accommodations for pregnant employees.  Undue hardship is not an excuse for some of the accommodations, including: Providing more frequent, longer, or flexible restroom breaks Modifying a no food or drink policy Providing seating or […]

The post Changes to Washington’s Pregnancy and Leave Laws appeared first on OMW Health Law.

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Hall & Wilcox wins at the Australian Law Awards

Hall & Wilcox is delighted that Tony Macvean was named Managing Partner of the Year at the 2017 Lawyers Weekly Australian Law Awards.

The Australian Law Awards recognises excellence in law, legal professionals and law firms.

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Community go-karting event becomes a costly legal battle for organisers

The plaintiff attended a conference presented by the first defendant (a church) in WA. The organisers decided to provide a go-karting activity in the parking lot. Numerous males and three females completed the track without any issues. The plaintiff had driven five or six laps without incident. On her second attempt, she lost control of the kart and slammed her right foot down hitting the accelerator instead of the brake, resulting in the kart rocketing into a tree. The plaintiff almost severed her right foot. Unfortunately, her leg had to be amputated below the knee.

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Procedure for information disclosure to companies’ shareholders has changed

On July 30, 2017 the Federal law No. 233-FZ dated 29.07.2017 “On amendments to the Federal law “On joint stock companies” and article 50 of the Federal law “On limited liability companies” (hereinafter — “233-FZ”) entered into force, that amended the procedure for providing information by joint stock companies and limited liability companies to the owners of their shares.

In joint stock companies the following information is now available only to shareholders owning at least 1 % of the shares:

  1. information about major transactions and interested party transactions;
  2. minutes of the board of directors meetings;
  3. appraisers’ reports on property valuation in respect of which major transactions and interested party transactions took place.
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Build Relationship Equity First

Raise your hand if you’ve received an overly friendly email from a stranger, asking you for a favor.

Everyone? I thought so.

Why do these bug us so much? Aside from the fact that we’re busy enough trying to do our own work, balanced with some personal time, and fitting in helping out people we actually know, the reason is that when a stranger asks us for a favor they’re doing so without having any relationship equity. 

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ILN Today Post

ICC’s New York Conference is impending: Here’s what to expect (ILN Partnership Event)

The annual ICC New York Conference on International Arbitration is in sight. One of our largest regional conferences, the event is set to take place at the prestigious New York University School of Law on Friday, 27 September and will explore the most current industry issues affecting the Americas today.

In anticipation of the event, we’ve rounded up some exciting benefits to help give you a sense of what to expect:

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Federal Court in Texas Strikes Down 2016 Overtime Exemption Regulations

Since last November, much of the discussion regarding the Obama-era overtime regulations that, among other things, more than doubled the minimum salary threshold for executive, administrative, and professional employees under the Fair Labor Standards Act (“FLSA”) has focused on the Department of Labor’s appeal of the nationwide preliminary injunction barring implementation and enforcement of the rule.

While everyone is awaiting the oral argument before the Fifth Circuit, currently scheduled for October 3, 2017, Judge Amos Mazzant of the Eastern District of Texas once again issued a bold ruling sure to grab the public’s attention.

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Talking Tax – Issue 92

Case law

Director held personally liable for company’s unpaid withholding tax debts

In Deputy Commissioner of Taxation v Caudle; Commonwealth of Australia v Caudle & Anor [2017] ACTSC 216 the Supreme Court of the Australian Capital Territory heard two proceedings arising out of debts incurred by a company in administration and in the process of being wound up (Company).

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