ArticleA second bite for KFC: salmonella poisoningThe decision is now being appealed, so we shall see what the Court of Appeal makes of relatively inconclusive evidence.AustraliaInsuranceHall & Wilcox
ArticleFOStering dissent: Mickovski v Financial Ombudsman Service LtdUnsatisfied with the decision, Mickovski has now lodged an application for special leave to appeal to the High Court.AustraliaInsuranceHall & Wilcox
ArticleGrandfathering under FOFA extended to platform operatorsA new Regulation extends the operation of the grandfathering provisions of the Corporations Act to platform operators.AustraliaFinance and BankingHall & Wilcox
ArticleWho let the dog in?: a case of occuper's liabilityThe Court agreed that the presence of the dog in the house did not pose a foreseeable risk of injury to visitors.AustraliaLitigation, Mediation & ArbitrationHall & Wilcox
ArticleProperty investment and SMSFs - Part 1: direct investmentThis article is the first instalment series looking at issues to be considered by a fund trustee when developing land.AustraliaFinance and BankingHall & Wilcox
ArticleMore Labour Pains for PowercorThe voluntary labour should not be taken into account so as to reduce Powercor's liability for the property damage.AustraliaLitigation, Mediation & ArbitrationHall & Wilcox
ArticleCatastrophe averted - tax treatment of pension assets on deathA legislative fix will end the uncertainty around the taxation of assets supporting pensions upon the member's death.AustraliaTaxHall & Wilcox
ArticleStamp duty on trust deeds – 30 days to pay From 1 April 2012, the time period to pay stamp duty and lodge documents for dutiable transactions will be 30 days.AustraliaTaxHall & Wilcox
ArticleThinking outside the TriangleOccupiers of land have no duty to protect somebody lawfully on the land from the criminal behaviour of a third party.AustraliaEmployment and HRHall & Wilcox
ArticleMind your business: the scope of the public liability cover'Arising out of the business' is a limitation on the scope of public liability cover and a potential trap for brokers.AustraliaInsuranceHall & Wilcox
ArticleUpdating terms and conditions to comply with recent changesNon-compliant terms and conditions run the risk of being unenforceable and exposing a business to substantial fines.AustraliaConsumer ProtectionHall & Wilcox
ArticleCivil Procedure Act 2010 (Vic) Revisited and AmendedThe requirements for filing overarching obligations certifications before commencing civil proceedings are amended.AustraliaLitigation, Mediation & ArbitrationHall & Wilcox
ArticleDangerous liaisonThe plaintiff suffered serious brain injury after a speed boat driven by her intoxicated partner at high speed collided.AustraliaLitigation, Mediation & ArbitrationHall & Wilcox
ArticleChange In Law On Dividends - Does Your Company Constitution Need To Be Updated?Royal assent was recently given to the Corporations Amendment (Corporate Reporting Reform) Act 2010. This legislation amends a number of provisions of the Corporations Act 2001 (Cth) (Corporations Act) dealing with financial reporting requirements of companies. In particular, a Corporations Act provision dealing with the payment of dividends has substantially changed.AustraliaCorporate/Commercial LawHall & Wilcox
ArticleTripping on the Dock of the Bay: vicarious liabilityEmployers will not be deemed vicariously liable for the actions of employees unless they authorised the wrongful act.AustraliaEmployment and HRHall & Wilcox
ArticleWork life balanceAn employee need not prove that a particular activity which results in a compensable injury was induced by the employer.AustraliaEmployment and HRHall & Wilcox
ArticleMeat in the sandwich: Fire and panelling in the insured premisesThe broker was found liable for not enquiring about, or inspecting, the internal construction of the premises.AustraliaInsuranceHall & Wilcox
ArticleThe FOS (Financial Ombudsman Service) contractThe Court ruled that FOS determinations are final and not subject to court review, save in exceptional circumstances.AustraliaInsuranceHall & Wilcox
ArticleNothing lost, plenty gainedCurrent thinking is that liability should not be reduced just because the plaintiff has not suffered a financial loss.AustraliaLitigation, Mediation & ArbitrationHall & Wilcox
ArticleTime limits: Must means mustFailure to comply with mandatory time limits in the Wrongs Act 1958 has severe consequences for all parties involved.AustraliaLitigation, Mediation & ArbitrationHall & Wilcox