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Insurance

Injuries arising from improper use of gym equipment: Karaoglu v Fitness First Australia Pty Ltd [2023] NSWCA 229

On 3 October 2023, the NSW Supreme Court of Appeal delivered its judgment in the matter of Karaoglu v Fitness First Australia Pty Ltd [2023] NSWCA 229.

Published by Peter Miller
16 October, 2023
CTP Insurance

When will a medical assessor accept causation in whole person impairment disputes? Gray v Allianz Australia Insurance Limited [2023] NSWPICMP 481

Pursuant to section 131 of the Motor Accidents Compensation Act (NSW), a Claimant is only entitled to damages for non-economic loss where the permanent impairment is greater than 10% and results from an injury caused by a motor vehicle accident.

Published by Helen Huang
16 October, 2023
Private Clients

A refresher on testamentary trusts and payments to minors

Income passing to children under 18 years of age will have penalty rates of tax applied, unless the income is "excepted trust income" (and therefore taxed at normal (adult) tax rates). For this purpose, 'children under 18 years of age' means if they ...

Intellectual Property

Indispensable Human Touch: Mimicry of Human Intelligence by AI Not Creativity

The original purpose of intellectual property laws is to protect the rights of authors and inventors by the grant of limited term statutory monopolies. Two main rationales underpin these monopolies: (a) the need to reward creators for the time and ef...

Published by Gus Skavronskas
10 October, 2023
Litigation and Dispute Resolution

Reminder: Check your standard form contracts – one month until amendments come into force

The Australian Consumer Law (ACL) is a national law that, amongst other things, includes protections for consumers and small businesses when buying goods and services in Australia. The ACL includes a regime in relation to 'unfair contract terms' (UCT...

CTP Insurance

Threshold Injury Disputes Involving Multiple Accidents: Aleksic v AAI Limited t/as GIO [2023] NSWPICMP 466

The decision in Aleksic v AAI Limited t/as GIO [2023] NSWPICMP 466 acts as a reminder that in threshold injury disputes, a motor accident does not need to be the sole cause – or even the predominant cause – of the relevant medical condition.

Published by Peter Hunt
9 October, 2023
Estate Planning

When blood isn’t thicker than water: NSW Supreme Court makes family provision order for de facto partner of the deceased, reducing the children’s share

The recent decision of McGuire bht McGuire v New South Wales Trustee and Guardian [2023] NSWSC 1013 provides helpful guidance on the eligibility of a de facto partner to receive a family provision order as well as the matters a Court considers when m...

Published by Andrew Lacey
6 October, 2023
Insolvency

Court finds Corporations Act requirements abrogates penalty privilege under an examination summons

Section 596A of the Corporations Act (Act) provides for the summoning of a person (officers and former officers) for examination about a company's affairs when the company is, in summary terms, under administration, being restructured or wound up.

Published by Chiara Rawlins
28 September, 2023
Insolvency

Statutory Demands

A Statutory Demand is a tool under the Corporations Act 2001 (Cth) (the "Corporations Act") that requires a debtor company to pay a debt within 21 days. 

Published by Foez Dewan
27 September, 2023
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