Zosia Kilmartin

Zosia practices in employment law, debt recovery and commercial litigation.

She is a solicitor of the High Court of Australia and the Supreme Court of Queensland.

Zosia frequently appears before the Fair Work Commission and has been involved in matters against some of Australia's largest corporations.

Prior to joining Ferguson Cannon Lawyers in 2011, she worked at another Brisbane legal practice for a number of years, and also at the Australian Worker’s Union.

She is a member of the Womens Lawyers Association Inc and the Queensland Young Lawyers Association.

Unfair Dismissal is no child’s play

By on 23 May 2016 in Employment Law with 0 Comments
Unfair Dismissal is no child’s play

At Kirralee Kindergarten, a teacher was dismissed after children escaped from the kindergarten. The teacher made an unfair dismissal application and the Fair Work Commission found that the dismissal was unfair. Background Three days prior to the dismissal, two young children escaped from the kindergarten without detection and walked down the street to a nearby […]

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Implementing Redundancy Schemes

By on 21 March 2016 in Employment Law with 0 Comments
Implementing Redundancy Schemes

In the recent case of CFMEU v Port Kembla Coal Terminal Ltd (No 2) [2015] FCA 1088, the Federal Court reiterated the importance of adhering to procedural fairness and both statutory and contractual compliance in the implementation of redundancy schemes. In this case, Port Kembla Coal Terminal (PKCT) was accused of abolishing a Long Term […]

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What relevance does malicious intent have on defamation proceedings?

By on 8 March 2016 in Defamation with 0 Comments
What relevance does malicious intent have on defamation proceedings?

It is often the case that my clients ask this very question. Unfortunately, it is common for perpetrators to be motivated by malice when publishing defamatory material and proof of a malicious intent serves to render useless some of the defences that could be relied upon by a defendant in defamation proceedings. How to prove […]

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What effect does external administration have on legal proceedings?

What effect does external administration have on legal proceedings?

Under the Corporations Act 2001 (the Act) there are several provisions which have the effect of preventing an entity from continuing or commencing legal proceedings against a company in external administration. Voluntary Administration Section 440D of the Act states that: During the administration of a company, a proceeding in a court against the company or […]

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Dick Smith appoints an external administrator

By on 8 January 2016 in Corporations Law with 0 Comments
Dick Smith appoints an external administrator

This week, Dick Smith went into voluntary administration which raises questions about what will now happen to the consumers and creditor’s of Dick Smith. What is voluntary administration? Voluntary administration is a process whereby an “external administrator” is voluntarily appointed by a company to manage its affairs, in the hope that the company will ultimately […]

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Keeping in touch with an employee on parental leave

By on 17 December 2015 in Employment Law with 0 Comments
Keeping in touch with an employee on parental leave

All employees in Australia are entitled to parental leave provided that they have worked for their employer for at least 12 months. For casual employees to be eligible for unpaid parental leave they need to have: been working for their employer on a regular and systematic basis for at least 12 months; and have a […]

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Can a company sue for defamation?

By on 29 October 2015 in Defamation with 0 Comments
Can a company sue for defamation?

Companies are regarded as separate legal entities by law and are entitled to sue for defamation in certain circumstances. Section 9(1) of the Defamation Act 2005 (Qld) (“the Act”) states that, “ A corporation has no cause of action for defamation in relation to the publication of defamatory matter about the corporation unless it was […]

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Does leave accrue while an employee is absent from work and receiving workers’ compensation?

By on 8 October 2015 in Employment Law with 0 Comments
Does leave accrue while an employee is absent from work and receiving workers’ compensation?

When an employee is absent from work and receiving compensation due to a work-related injury, there can often be confusion as to whether an employee’s leave has accrued over that period of time. While it may seem obvious that while an employee is absent from work, he or she cannot accrue any time towards annual […]

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Potential Changes to Paid Parental Leave

By on 1 September 2015 in Employment Law with 0 Comments
Potential Changes to Paid Parental Leave

The Fairer Paid Parental Leave Bill 2015 (“the Bill”) proposes critical changes to the current Paid Parental Leave Scheme. These changes could have a significant impact on both employers and employees who utilise the current scheme. What is the current scheme? The current Paid Parental Leave Scheme offers employees who take leave for parental duties, […]

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Can social media affect a person’s employment?

By on 1 July 2015 in Employment Law with 0 Comments
Can social media affect a person’s employment?

Just recently Scott McIntyre, a football reporter for public broadcaster SBS, had his employment terminated for inappropriate use of his Twitter social media account. McIntyre had posted controversial messages known as “tweets” to his 31,000 followers regarding the integrity of the Anzac soldiers who were being commemorated on Anzac Day. SBS dismissed McIntyre the next […]

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