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Compulsory Third Party Insurance

The need for evidence; proving the future

Can a Claims Assessor treat disputed projections of hypothetical income as “facts” in the absence of supporting evidence? Is a Claims Assessor obliged to provide adequate reasoning for their decisions? The Supreme Court recently explored ...

Published by Peter Hunt
24 June, 2020
COVID-19

High income threshold – 2020/21 changes

The high income threshold will increase to $153,600, effective from 1 July 2020.   The Fair Work Commission has today released its annual increase to the high income threshold. This threshold affects how modern awards apply to employees and, i...

Published by McCabes News
23 June, 2020
Commercial

Who pays for personal items stolen from a hotel? Can you be compensated?

As Australians begin to start considering their options to travel again, it is important to keep in mind what travel insurance you may require. Generally, when Australians think about domestic travel, travel insurance is not the first thing on their ...

Published by Chiara Rawlins
22 June, 2020
COVID-19

Fair Work Commission 2019/20 annual wage review

The Fair Work Commission's 2019/20 Annual Wage Review decision has now been handed down.   A majority of the Expert Panel for annual wage reviews (Panel) noted that this review was undertaken during a global pandemic, with the...

Published by McCabes News
22 June, 2020
Insurance

Injury: The root of all compensation

Is a worker entitled to be back-paid weekly benefits if they are assessed as having permanent impairment of more than 20% after their benefits cease under s 39(1) of the Workers Compensation Act 1987? The Court of Appeal examined this point of law in...

Published by Michael Poulos
21 June, 2020
Employment

An important PSA for the PPSA – Retention of title clauses and other security interests in insolvency

Suppliers of goods often rely upon retention of title clauses to preserve their goods in the event the purchaser defaults on any aspect of the supply agreement.  However, how enforceable are these provisions when the purchaser enters into administrat...

Published by Chiara Rawlins
17 June, 2020
Employment

Beyond a shadow of a doubt – former director faces imprisonment for insolvent trading

In February 2020 a former director of the Kleenmaid Group of companies became the first person to be sentenced to imprisonment for insolvent trading as a shadow director. Andrew Young was sentenced to 3 years' imprisonment for criminal insolvent trad...

Published by Foez Dewan
16 June, 2020
Insolvency

Catch me if you can… The Federal Court overturns a trustee’s decision to refuse permission for a bankrupt to travel overseas

When a person is declared a bankrupt, certain liberties are taken away from that person. One restriction includes a prohibition against travelling overseas unless the approval has been given by the bankrupt's trustee in bankruptcy. This issue was rec...

Published by Andrew Lacey
15 June, 2020
Intellectual Property and Technology

Defamation in the Google age: search engines as publishers of defamatory content

In the recent decision of Defteros v Google LLC [2020] VSC 219, the Supreme Court of Victoria held search engine Google liable for "publishing" defamatory material. In doing so, the decision has extended the reach of defamation to encompass ...

Published by Andrew Lacey
15 June, 2020
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