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Compulsory Third Party Insurance

The extent of the Proper Officer’s obligation as the s 62 gatekeeper

What is a Proper Officer required to consider when determining whether a further medical assessment should be allowed? The Court of Appeal of NSW provides the answer in AAMI v Chan. Author: Bethany Mahler Judgment date: 25 February 2021 Citation: AAI...

Litigation and Dispute Resolution

Taken to court: ACCC commences proceedings against Fuji Xerox for alleged breaches of the Australian Consumer Law

In the last quarter of 2020, the ACCC commenced proceedings against Fuji Xerox Australia Pty Ltd and a related entity (together "Fuji") for the alleged use of unfair contract terms in their standard form contracts since October 2018....

Published by Chiara Rawlins
10 February, 2021
Litigation and Dispute Resolution

Reform to the Regime: Protections against unfair contract terms set to be strengthened

In November 2020, the Federal and State Governments' announced their mutual intentions to amend the Unfair Contracts Regime (the Regime) to enhance the protections offered by the current Regime.   After a twelve-month investig...

Published by Chiara Rawlins
10 February, 2021
Insolvency

Betting on Bitcoin: the law on directors’ duties and cryptocurrencies

Bitcoin has hit an all-time-high this week, breaching AUD$60,000 and appears to be in a new price-discovery phase. The rise is, at least partially, coming off the back of ubiquitous American electric vehicle automotive company, Tesla, confirming in S...

Published by Chiara Rawlins
10 February, 2021
Intellectual Property and Technology

December Blitz – ACCC commences proceedings against Lorna Jane, Facebook and Retail Food Group for alleged misleading claims

In the final weeks of 2020, the ACCC announced that it had commenced three sets of proceedings against several large companies for allegedly either making false or misleading representations or engaging in misleading or deceptive conduct.   Th...

Published by Chiara Rawlins
4 February, 2021
Compulsory Third Party Insurance

Decision-makers who resort to literature are not immune from the relevant principles of procedural fairness requiring disclosure and invitation for comment or submission

Is a Review Panel entitled to rely upon medical literature to make a decision that a party has not considered? The Supreme Court provides the answer in Raina v CIC Allianz Insurance Limited. Author: Katherine Teague Judgment date: 25 January 2021 Cit...

Published by McCabes News
4 February, 2021
Corporate

Are your employees entitled to a pay rise from 1 February 2021?

On 1 February 2021, the final phase of the Fair Work Commission's 2019-20 Annual Wage Review will come into effect, increasing minimum pay rates in a number of modern awards, including awards covering those industries impacted by the COVID-19 pandemi...

Published by McCabes News
29 January, 2021
Litigation and Dispute Resolution

Kogan ordered to pay $350,000 for misleading and deceptive “Tax Time” promotion

In our previous article, we considered the Federal Court decision of Australian Competition and Consumer Commission...

Published by Chiara Rawlins
27 January, 2021
Corporate

A vaccine mandate and the challenges of change…

Can an employer decide to make an influenza (or COVID-19) vaccination an inherent requirement of the role and if so, is this a lawful and reasonable direction?   Protecting the health and safety of clients, colleagues and the community involve...

Published by McCabes News
22 January, 2021
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