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Compulsory Third Party Insurance

Does a company’s registration sufficiently demonstrate that a Claimant is “an earner”? Alzate v Insurance Australia Limited t/as NRMA [2023] NSWPICMR 51

On 18 October 2023 the NSW Personal Injury Commission released its decision in Alzate v Insurance Australia Limited t/as NRMA [2023] NSWPICMR 51. The Claimant in this matter was unemployed on the date of her motor accident and was receiving parenting...

Published by Peter Hunt
23 October, 2023
Insolvency

Deed of Company Arrangement terminated due to “materially misleading” administrators’ report

In the recent decision of Sino Group International Ltd v Toddler Kindy Gymbaroo Pty Ltd [2023] FCAFC 110, the Court concluded that an administrators' report issued to creditors was misleading in nature and terminated the deed of company arrangement (...

Insolvency

The Order of the Illegal Phoenix: The rebirth of a struggling business

Like the immortal phoenix rising from the ashes, a new company, often just established, might arise from the winding-up of a failing company. When that new company's officers and directors are essentially the same of the failing company, and the new ...

Published by Foez Dewan
18 October, 2023
Employment

Sleighing employment risks during Christmas party season

The holiday season is just around the corner, and there's no doubt that one of the most anticipated events on your company's calendar is the annual Christmas party.

Published by Tim McDonald
18 October, 2023
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...

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