ArticlePsychosocial risk prevention - What do employers need to know? (Part II)The Codes of Practice identify multiple steps to assess and manage psychosocial risks in the workplace.AustraliaEmployment and HRHolman Webb
ArticleGuide to testamentary trusts in wills: Who, what, when?Testamentary trusts provide maximum flexibility, while allowing for the tax-effective distribution of capital and income.AustraliaFamily and MatrimonialHolman Webb
ArticleMotor accident law – Unsuccessful application for judicial review: Jarvis v Allianz Insurance Ltd [2022] NSWSC 161A Review Panel is required only to use its experience and expertise to give an opinion on a specific medical question.AustraliaInsuranceHolman Webb
ArticleConsumer Directed Care (CDC) – Want vs NeedCDC gives older people and their carers greater say about the types and the delivery of the care services they receive.AustraliaFood, Drugs, Healthcare, Life SciencesHolman Webb
ArticleIs That You Skip? AFCA Backs Insurers In Claims Involving Alleged Collisions With MarsupialsWhat would your initial reaction be if a kangaroo suddenly appeared before you while driving? AustraliaInsuranceHolman Webb
ArticleLandlords 2, tenants nil, in 2019 NCAT decisionsThese two NCAT cases have gone the landlord's way and delivered some unfortunate news for tenants in New South Wales.AustraliaReal Estate and ConstructionHolman Webb
ArticleRetail and commercial leases in NSW during COVID-19: Rent abatements and waivers further extended – A 2022 updateProvided a commercial and retail tenant satisfies criteria of an impacted lessee, the same provisions continue to apply.AustraliaReal Estate and ConstructionHolman Webb
ArticleWhat is Section 54 between insurers? - Watkins Syndicate 0457 at Lloyds v Pantaenius Australia Pty Ltd [2016] FCAFC 150The Full Federal Court confirmed that section 54 is available to an insurer seeking contribution from another insurer.AustraliaInsuranceHolman Webb
ArticleStrategies to reduce risk with the right contract terms and conditionsHaving appropriately worded terms and conditions can mean the difference between a successful recovery and a write off.AustraliaCorporate/Commercial LawHolman Webb
ArticleSmall business and unfair contract terms: changes on the horizonThe amendments will extend the unfair contract term protections to small businesses, those with less than 20 employees.AustraliaCorporate/Commercial LawHolman Webb
ArticleThey do things differently in New Zealand: Appanna v Medical Board of Australia [2021] VSC 679A doctor who had an inappropriate relationship was dealt with differently by the courts in Australia and NZ.AustraliaFood, Drugs, Healthcare, Life SciencesHolman Webb
ArticleNative Title: Protecting Culturally Significant Sites From DevelopmentRecent examples of the damage or destruction of culturally significant Aboriginal sites and artefacts has led to a debate about the most appropriate legal tools for their protection. AustraliaGovernment, Public SectorHolman Webb
ArticleInsurers feel the heat as COVID-19 test cases mountCan insurers could rely on exclusion clauses to refuse indemnity for business interruption claims caused by COVID?AustraliaInsuranceHolman Webb
ArticleNSW Property Update: NSW land tax; First home buyer choice; Shared equity schemeArticles on NSW land tax, choices for first home buyers and a new shared equity scheme in NSW from 2023.AustraliaReal Estate and ConstructionHolman Webb
ArticleUnderstanding the new casual employee legislation changesA new definition of "Casual Employee" under the Fair Work Act* will take effect from 26 August 2024.AustraliaEmployment and HRHolman Webb
ArticleUltra Tune: Another nail in the coffin of franchise marketing funds?The generic form of marketing fund statement did not enable franchisees to assess if the expenditure was legitimate.AustraliaCorporate/Commercial LawHolman Webb
ArticleGuidelines on the disclosure of genetic informationThe article summarises Commonwealth and NSW legislation when deciding on whether to use or disclose genetic information. AustraliaPrivacyHolman Webb
ArticleDeliveroo is not an Employer: Decision of Full Bench of the Fair Work Commission in Deliveroo Australia Pty Ltd v Franco [2022] FWCFB 156Recent case looks at question Employee or Contractor?AustraliaEmployment and HRHolman Webb
ArticleClinical governance update - Review of serious failures in reported test results...Clinical governance is used to describe a systematic approach to maintaining and improving the quality of patient care.AustraliaFood, Drugs, Healthcare, Life SciencesHolman Webb