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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...
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...
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...
In our previous article, we considered the Federal Court decision of Australian Competition and Consumer Commission...
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...
In March 2020, the Australian Government introduced a suite of changes to the federal insolvency and bankruptcy laws in response to the economic impact of COVID-19. These measures were initially implemented for a six-month period and included increas...
In Greenaway v Prestige Helicopters Pty Ltd [2020] WADC 159 the appellant sought to argue, amongst other things, that an uninsured working director can still nonetheless claim compensation from a “principal” pursuant to section 175(1) of ...
The NSW Supreme Court has ruled in favour of Perisher Blue, characterising skiing as a ‘dangerous recreational activity’ for the purposes of section 5L of the Civil Liability Act 2005 (NSW) (CLA). This joins a plethora of recent cases tha...
The NSW Court of Appeal has recently dealt with the issue of whether leave should be granted to allow proceedings to continue to final orders in a situation where administrators were appointed after publication of the Court's reasons, but before fina...