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LAW INSTITUTE JOURNAL INSTITUTE LAW OCCUPATIONAL HEALTH AND SAFETY | LEGAL FIRMS | EMPLOYMENT STATUS | WAGES | FAIR WORK ACT | EMPLOYEE PROTECTION MAY 2021 MAY 2021 WORKPLACE LAW SPECIAL EDITION WHY THE LAW SHOULD ALLOW FOR COMPULSORY TESTING IN A PANDEMIC WORKPLACE LAW SPECIAL EDITION • VACCINATION GUIDE • LEGAL FIRMS • EMPLOYMENT STATUS • WAGES • FAIR WORK ACT • EMPLOYMENT PROTECTION COVID-19 • BUSINESS POST-LOCKDOWN www.liv.asn.au/LIJ www.liv.asn.au/LIJ • ZOOMING INTO NEW JOBS HEALTH AND WELLBEING PP100007900 ISSN 0023-9267 PP100007900 ISSN 0023-9267 ACCENTUATE THE POSITIVE RRP $20 95.5 Successful law firms are agile Whether you’re at home or back in the office, LEAP lets you work with flexibility. On the go In the office In court At home leap.com.au/agile-law-firms Contents May 2021 WORKPLACE LAW SPECIAL EDITION FROM PAGE 22 Vaccination guide Legal firms Employment status Wages Fair Work Act Employment protection Law firms after COVID-19 How firms have adapted By Karin Derkley PAGE 11 Zooming into new jobs The challenge of starting a new role during the pandemic By Karin Derkley PAGE 15 Health and wellbeing Accentuate the positive By Megan Fulford PAGE 87 ADOBE STOCK MAY 2021 LAW INSTITUTE JOURNAL 1 Contents May 2021 workplace law special edition Protect the best interests FEATURES NEWS EVERY ISSUE 4 Contributors OCCUPATIONAL HEALTH AND SAFETY FIRMS 6 From the president Law firms after COVID-19 of your clients with 22 A shot in the arm 11 8 Unsolicited A COVID-19 vaccine has arrived but the The pandemic dealt an initial blow COURTS & PARLIAMENT pandemic's twists and turns are not over yet. to the legal profession, but firms have By Susanna Ritchie and Mariah Khoury adapted and regrouped and some 46 High Court judgments are looking at better times ahead 48 Federal Court judgments independent advice from LEGAL FIRMS as a result. By Karin Derkley 50 Family law judgments 26 A look to the future: The year is 2031 . 52 Supreme Court judgments Ever wondered what a law firm will look like EMPLOYMENT 54 Legislation update in 10 years? We look to the future to interview 15 Zooming into a new role 56 Practice notes Victoria’s leading team managing partner of mid-sized, full-service firm The LIJ talked to four lawyers who REVIEWS Champion Premier & Goodluck (CPG) Michelle have faced the challenge of starting 59 Online Champion. By Chris Molnar a new job during the pandemic. 60 Books By Karin Derkley EMPLOYMENT STATUS 62 LIV Library of property experts. RURAL 30 Employee or contractor PRACTICE – the eternal conundrum 18 In the aftermath of trauma 64 Ethics Recent decisions in state and federal courts By volunteering on the ground 65 LPLC as well as the Fair Work Commission reveal the after the bushfires lawyerKatherine 67 Property • Single expert witness challenges that can arise in modern working Argentino gained invaluable insight 68 Technophile arrangements such as labour hire, casual into her East Gippsland community. 69 VLSB+C employment and workers in the 'gig economy'. • Family Court/Federal Circuit property valuations OPINION 70 According to merit?/Diversity By Marc Felman and Tessa Duthie 71 Young Lawyers 19 Emergency powers need scrutiny • Compulsory acquisition and resumption valuations WAGES Ensuring accountability through CAREER 34 Wage theft: COVID-19 lockdowns and curfews 72 Admissions • Litigation support across most types of property State and federal tension is a human rights issue. LIV There are questions about the constitutional By Rosalind Croucher validity of the Wage Theft Act and concerns 74 Advocacy • Acquisitions and disposals OBITUARY employers could be subject to investigations CLASSIFIEDS from Wage Inspectorate Victoria and the Fair 20 Brian Patrick McCarthy 82 Crossword • Insurance valuations Work Ombudsman for the same circumstances. LIV president 1976-1977 By Nadia Stojanova • Receivership and liquidation support/advice FAIR WORK ACT 38 Freedom to associate The second form of 'industrial association' recognised by the Fair Work Act 2009 and some of the interesting ways it is deployed by the Act are addressed here. By Malcolm Harding EMPLOYEE PROTECTION 42 Workers more generally protected LIVING LAW Recent Full Court decisions bring the operation of the Fair Work Act's narrow ‘complaints and 83 Inside stories 85 Food/Wine/Coffee inquiries’ protection closer than it has been 86 With all due respect p 03 9642 2000 in years to its purpose – protecting employees ADOBE STOCK 87 Health and wellbeing from retribution. 88 Beyond the law e [email protected] By Angus Mackenzie w htw.com.au 2 LAW INSTITUTE JOURNAL MAY 2021 LIV FP March 2021.indd 1 1/4/21 1:52 pm Protect the best interests of your clients with independent advice from Victoria’s leading team of property experts. • Single expert witness • Family Court/Federal Circuit property valuations • Compulsory acquisition and resumption valuations • Litigation support across most types of property • Acquisitions and disposals • Insurance valuations • Receivership and liquidation support/advice p 03 9642 2000 e [email protected] w htw.com.au LIV FP March 2021.indd 1 1/4/21 1:52 pm Contributors LAW INSTITUTE JOURNAL EDITORIAL EDITORIAL POLICY Managing editor Views expressed by Carolyn Ford contributors are not 03 9607 9319 necessarily en dorsed by the [email protected] Law Institute of Victoria Ltd www.liv.asn.au/lij and services offered by third Production editor party advertisers are not to be taken as having been endorsed Mary Kerley by the LIV. No responsibility Senior journalist whatsoever is accepted by the Karin Derkley LIV, the editor or the printers Senior legal editor for the accuracy of inform- Libby Brown ation contained in the text or the services offered in the Susanna Ritchie Mariah Khoury Legal editor advertisements. Maria Atwell Managing lawyer at Launch Legal. Lawyer at Launch Legal. Neither the LIV nor the LIJ in Art director any way endorses or takes PAGE 22 PAGE 22 Natalie White any responsibility whatsoever Graphic designer for any material contained on Jacquie Grabert external websites referred to by the LIJ. SUBMISSIONS The LIJ is a peer reviewed Submissions for legal publication. features, opinion pieces and Small sums of money from other articles should go to the Copyright Agency Limited [email protected] (CAL) are periodically payable ADVERTISING INQUIRIES to authors when works are copied by CAL licensees Advertising sales executive (including government Samuel Ioffe departments, tertiary 03 9607 9496 institutions etc). [email protected] www.liv.asn.au/lij As it is not financially viable for the LIJ to collect and distribute SUBSCRIPTION INQUIRIES these royalties to individual Chris Molnar Marc Felman authors, contributors undertake [email protected] to become a member of CAL http://tinyurl.com/b9suvbr Accredited specialist in workplace Barrister at the Victorian Bar. and receive any payments Annual subscription: relations and a partner at Kennedys. PAGE 30 directly (see copyright.com. au) or they waive all claims PAGE 26 Domestic: • Hard copy plus 1 online to moneys payable by CAL user $211.75 (inc. GST) for works published in LIV • Hard copy plus 2-20 online publications. It is a condition users $605 (inc. GST) of submission of an article that • Hard copy plus 101 – 200 contributors agree to either online users $1210 (inc. GST) of these options. Overseas: On provision of the editorial • Hard copy plus 1 online materials (the Materials) user AU$363 for publication in the Law Institute Journal, the author LIJ WORKING GROUP grants to the Law Institute Gerry Bean of Victoria (LIV), a perpetual Carolyn Ford non-exclusive licence to Geoff Gronow reproduce, adapt or broadcast Melissa Macken the Materials provided in Chris Molnar hard copy and/or electronic Tessa Duthie Nadia Stojanova Cameron Ross form, either solely or with James Turnbull others, for the purposes of Barrister at the Victorian Bar. Barrister at the Victorian Bar. distribution to authorised THANK YOU TO OUR subscribers, members, and PAGE 30 PAGE 34 REGULAR CONTRIBUTORS to generally in Law Institute of FOR MAY: Victoria publications including online, on social media and Peter Moran the LIV website. The author Craig Nicol waives any and all claims Keleigh Robinson resulting from the distribution Dr Michelle Sharpe of the Materials, apart from Dan Star QC those which may not be Dr Michael Taylor waived under Victorian law. DISTRIBUTION LAW INSTITUTE OF VICTORIA The LIJ is printed 140 William Street by Southern Impact. Melbourne 3000 This issue of the LIJ is cited GPO Box 263, Melbourne 3001 as (2021) 95(5) LIJ. DX 350 Melbourne 03 9607 9311 ISSN 0023-9267 PP 100007900 [email protected] www.liv.asn.au Malcolm Harding Angus Mackenzie © 2021 Law Institute of Victoria Ltd. @YourLIV Barrister at the Victorian Bar. Associate in the employment @LIVPresident ABN 32 075 475 731. blog www.liv.asn.au/ PAGE 38 and industrial law section of Maurice Blackburn Lawyers. YoungLawyersBlog PAGE 42 The LIJ CAB audit is suspended due to COVID-19. It is expected to resume late 2021 when reporting capacity is returned. 4 LAW INSTITUTE JOURNAL MAY 2021 Craig Lynch LIV ACCREDITED Practice Group Leader, Slater & Gordon; Accredited Specialist, SPECIALISATION Personal Injury Law Is the time right to become a recognised expert in your field? Applications for the 2021 program close Friday 14 May. The 2021 program includes the following areas of accreditation: • Administrative Law • Personal Injury Law • Commercial Tenancy Law • Property Law • Family Law • Tax Law Find out more at: www.liv.asn.au/Specialisation From the president LEGAL DISPUTE RESOLUTION SERVICES DL DELIVERING PRACTICAL SOLUTIONS D E V E R’S L I S T WE WELCOME THESE BARRISTERS PATRICK REBECCA COLERIDGE MCCARTHY • Appellate • General Commercial • Public Law & • Bankruptcy & Insolvency LIV goes regional Administrative Law • Corporations/ • Criminal Law Company Law Meeting lawyers in northwest Victoria was an • Constitutional Law • Directors’ Duties eye-opening experience.
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