ArticleThe new Surrogacy Act 2010 (Qld)– a guide for potential surrogatesFurther information for women who are considering becoming surrogates.AustraliaFamily and MatrimonialBarry Nilsson
ArticleBullying In The Workplace: Employers And Employees Addressing The Issue At The Workplace Level And At The Fair Work CommissionOutlines the legal definition of bullying, the role of the FWC in resolving disputes & practical considerations in preventing & managing bullying complaints.AustraliaEmployment and HRBarry Nilsson
ArticleWhy Every Adult Needs A Will: Estate Planning Myths ExplainedEstate planning is an important step in protecting the people and things that matter most to you. Whether your circumstances are straightforward or more complex, a tailored plan can help ensure your wishes are understood and your loved ones are supported.AustraliaFamily and MatrimonialBarry Nilsson
ArticleART In Focus: Choosing Life – Embryo Selection, Ethics And The LawThis article considers how the area of embryo selection and testing engages ethical and regulatory considerations, and explore what this means for assisted reproductive technology (ART) providers moving forward.AustraliaFood, Drugs, Healthcare, Life SciencesBarry Nilsson
ArticleNo filters! Advertising and performance guidelines for non-surgical cosmetic proceduresAHPRA has released new standards for non-surgical cosmetic procedures, introducing stricter rules on advertising and practitioner responsibilities.AustraliaFood, Drugs, Healthcare, Life SciencesBarry Nilsson
ArticleProposed reforms to e-mobility in NSW: Reviewing the recommendationsNSW Legislative Council's recent report on the use of e-scooters, e-bikes and related mobility options proposes to reshape the regulatory landscape for e-mobility devices.AustraliaTransportBarry Nilsson
ArticleDouble dismissal: Full Court of the Federal Court of Australia rejects appeal and cross-appeal in Ruby Princess class actionThis case demonstrates the potential breadth of protection afforded under the ACL and the courts' willingness to enforce those protections.AustraliaLitigation, Mediation & ArbitrationBarry Nilsson
ArticleTwist of fate: a painful lesson in liability - Mammoliti v Oriental Massage Burwood Pty LtdThis case highlights the importance of conducting thorough investigations into a claim and obtaining sufficient evidence, particularly in advance of a trial. AustraliaLitigation, Mediation & ArbitrationBarry Nilsson
ArticleBroadform liability insurance policies and the efficacy of exclusion clauses: Selected Seeds v QBEMMThis time last week the Queensland Court of Appeal handed down its decision in Selected Seeds Pty Ltd v QBEMM Pty Ltd & Anor. AustraliaInsuranceBarry Nilsson
ArticleNon-delegable duties and intentional wrongs – the High Court determinationThe High Court of Australia determined that a non-delegable duty of care could be breached by the intentional criminal wrong doing of a third party.AustraliaEmployment and HRBarry Nilsson
ArticleEmailing A Link Is Not Enough: Court Clarifies Service Requirements Under WA SOPAThe Court of Appeal of the NSW Supreme Court has found that emailing a link to documents stored in an online repository did not constitute valid service under the Building and Construction Industry (Security of Payment) Act 2021 (WA), and that strict compliance with the Act’s one-business-day service requirement was necessary to establish jurisdiction.AustraliaReal Estate and ConstructionBarry Nilsson
ArticleThe Inquest Series: The ‘right to silence' in Coronial InquestsHow the privilege against self-incrimination is applied in coronial inquests across Australia.AustraliaLitigation, Mediation & ArbitrationBarry Nilsson
ArticleThe Inquest Series: Non-publication orders in the Coroners CourtThis article explores whether, and in what circumstances, doctors required to give evidence in connection with a death can obtain non-publication orders to protect their identities.AustraliaLitigation, Mediation & ArbitrationBarry Nilsson
ArticleIt's Time: Insurance Contracts Amendment Bill 2010On 10 September 2003 Senator Helen Coonan (then Minister for Revenue and Assistant Treasurer) and Senator Ian Campbell (then Parliamentary Secretary to the Treasurer) announced that the government was undertaking a comprehensive review of the Insurance Contracts Act 1984 ("the Act"). The government appointed Mr Alan Cameron AM and Ms Nancy Milne as the Review Panel who were supported by a Secretariat within the Treasury. The stated objective of the review was to make recommendations aimed at iAustraliaInsuranceBarry Nilsson
ArticleWhen Machines Malpractice: Liability For AI And Robotic Healthcare In AustraliaThe rapid integration of artificial intelligence (AI) and robotics into healthcare promises significant advancements in diagnostic accuracy and therapeutic effectiveness, however, it simultaneously poses substantial challenges to established medical malpractice frameworks.AustraliaTechnologyBarry Nilsson
ArticleLocked out by section 5: NSW Supreme Court narrows access to insurers under the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) The decision underscores that s 5 of the Act is not a shortcut: leave will not be granted unless all three pre-conditions are strictly met. AustraliaInsuranceBarry Nilsson
ArticleTransfer Duty Changes to Come into Effect 1 August 2011The Queensland Treasurer in his 2011/2012 Budget announced a number of reforms to State duties.AustraliaReal Estate and ConstructionBarry Nilsson
ArticleChanges to transfer duty rates in Queensland and the end of sustainability declarationsAmendments to the Duties Act 2001 and the Building Act 1975 have been passed by the Queensland Parliament.AustraliaReal Estate and ConstructionBarry Nilsson
ArticleQueensland Proposes To Expand Vicarious Liability For Institutional Child AbuseA Bill before the Queensland Parliament signals a major shift aimed at expanding the circumstances in which Queensland institutions may be held vicariously liable for child abuse perpetrated by individuals in relationships ‘akin to employment’.AustraliaLitigation, Mediation & ArbitrationBarry Nilsson
ArticleART In Focus: The Donor Conception MinefieldART providers and families alike would benefit from harmonised legislation and a national donor register to improve oversight and accountability.AustraliaFood, Drugs, Healthcare, Life SciencesBarry Nilsson