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Australian Members

Discussion in 'Classic Menswear' started by earthdragon, Nov 18, 2008.

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  1. Pink Socks

    Pink Socks Well-Known Member

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    Oli - you are one of a kind.
     
  2. The Ernesto

    The Ernesto Well-Known Member

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    Bit harsh on Newcastle. Is it that bad?
     
    3 people like this.
  3. Gerry Nelson

    Gerry Nelson Well-Known Member

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    Melbourne, Australia
  4. Petepan

    Petepan Well-Known Member

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    Well, I am glad to see that the bench has finally settled the law intelligently on a matter which common sense suggest should have settled 3 appeals ago.

    http://www.smh.com.a...1030-2wfju.html


    Message to public servants: Bunga bunga at your own risk now!!
     
  5. Dusty Brogues

    Dusty Brogues Well-Known Member

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    Sunset Strip
    

    It looks fantastic mate, looking forward to seeing your new wares.

    Smart move on the wedding focus-weddings are recession proof.
     
  6. Journeyman

    Journeyman Well-Known Member

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    It was an interesting decision - did you read the full HC decision? It's up on AustLII: http://www.austlii.edu.au/au/cases/cth/HCA/2013/41.html

    Essentially, a lot of activity that's not absolutely essential to work can still be covered when you're not at work, particularly if you're on a business trip, but not everything is covered. The HC decided 4-2 (I think - I'm pretty sure that six justices were sitting) that her activity wasn't covered.
     
  7. Stiva

    Stiva Well-Known Member

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    Keane J couldn't sit because he had been part of the Full Federal Court bench that got rolled.

    If you're injured during the course of an activity required or encouraged by the employer, or in a place you are required to be by the employer, you're covered. Apparently vigorous sexual intercourse hanging from a light fitting in the local motor inn didn't qualify.
     
    1 person likes this.
  8. Foxhound

    Foxhound Well-Known Member

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    Thanks Nabil. You're right. I don't want to stand out all that much. This is what I'll do. I've sent them an email asking when they will get a 46R back in stock. I don't think the quality of women will be very high at the wedding though.

    Get some streetwear into you.
    [​IMG]
     
    1 person likes this.
  9. Petepan

    Petepan Well-Known Member

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    Such a surprise isnt it? I hope it was worth all the money and resources spent on behalf of taxpayers to clarify this complicated point.
     
    1 person likes this.
  10. Coxsackie

    Coxsackie Well-Known Member

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    Kopped four pair of Bresciani argyles at some sale or other. Superb, totally worth the money. Please stock them and save us from ridiculous pricing!

    Depending on the belt, very easy to do yourself. There's usually a screw you can undo, the near end of the belt slips out, you cut it to the correct length, reassemble, realise you got it wrong, do it again, pop it on, realise you cut it too short, sulk for a few weeks, go on an exercise program, lose weight, hey presto, belt fits! But you're a professional sumo wrestler and now you're out of a job.

    Looking sharp my lad. Oh to be young again.
     
    1 person likes this.
  11. Liber

    Liber Well-Known Member

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    Bottlegreen sports jackets - yay/nay? I've kept my eye out for one ever since seeing Ryan Gosling in a bottlegreen suit in 'Crazy, Stupid Love'.
     
  12. Gerry Nelson

    Gerry Nelson Well-Known Member

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    I think green suits are awesome in the right shade!
     
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  13. Romp

    Romp Well-Known Member

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    +1 dukes

    Just had some cashmere brscianis land at pj
     
  14. California Dreamer

    California Dreamer Well-Known Member

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    What shade would that be then?
     
  15. Foxhound

    Foxhound Well-Known Member

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    I love cotton olive suits.
     
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  16. Gerry Nelson

    Gerry Nelson Well-Known Member

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    More subdued rather than brighter - olive, bottle green, racing green.
     
  17. kayhill

    kayhill Well-Known Member

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    I disagree with the sentiment that this was somehow an unworthy case to be taken that far. Although I get the feeling this case will turn on the facts -- as with a lot of tort cases it's probably also going to be a matter of degree -- and it probably won't have a whole lot of value as a precedent, I personally feel it is a very borderline call as to whether her activity should have been covered.

    People just get their knickers in a knot because it involved a woman having vigorous sex. I am particularly unimpressed with the general public outcry because I feel it is influenced by typically poor reporting by journalists on legal matters; they love reducing legal cases to nothing more than a salacious headline.

    edit: I strongly believe the prudes on the High Court would have viewed the matter differently if a man had been injured having sex with his wife while away on business. I leave it to the world at large to ponder if that is so very different from what happened. Sex is a normal part of life.
     
    Last edited: Oct 30, 2013
  18. Journeyman

    Journeyman Well-Known Member

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    Yes, I certainly agree that the salacious aspect of it greatly increased the publicity it received. If the lady in question had simply been vigorously using some exercise equipment in a hotel gym, had broken it and had sustained an injury, hardly anyone would know about the case.

    I do, however, think that it could be valuable as a precedent as, firstly, it's a High Court decision and, secondly, it has further refined the principle that was enunciated in the 1992 High Court decision of Hatzimanolis v ANI Corporation Ltd.

    In Hatzimanolis, the HC said, relevantly:

    "[T]he modern cases show that, absent gross misconduct on the part of the employee, an injury occurring during such an interval or interlude will invariably result in a finding that the injury occurred in the course of employment. Accordingly, it should now be accepted that an interval or interlude within an overall period or episode of work occurs within the course of employment if, expressly or impliedly, the employer has induced or encouraged the employee to spend that interval or interlude at a particular place or in a particular way. Furthermore, an injury sustained in such an interval will be within the course of employment if it occurred at that place or while the employee was engaged in that activity unless the employee was guilty of gross misconduct taking him or her outside the course of employment. In determining whether the injury occurred in the course of employment, regard must always be had to the general nature, terms and circumstances of the employment 'and not merely to the circumstances of the particular occasion out of which the injury to the employee has arisen'."

    This decision has narrowed down the applicability of the above principle, and it will be interesting to see where it leads in the future.
     
    3 people like this.
  19. Oli2012

    Oli2012 Well-Known Member

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    It seems reasonable that if you send someone on a work trip they'd still engage in sexual activity.

    Just another attempt from the conservative French court to erode compensation and employment law.
     
  20. kayhill

    kayhill Well-Known Member

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    I agree; I suppose what I meant is its value as a precedent will not be proportionate to the attention given to the case by the media. Not that legal value is a particularly compelling criterion for journalists when writing about cases.

    I like your gym example.
     
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