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  • Article

    A second bite for KFC: salmonella poisoning

    The decision is now being appealed, so we shall see what the Court of Appeal makes of relatively inconclusive evidence.
    AustraliaInsurance
    Hall & Wilcox
    Hall & Wilcox
  • Article

    FOStering dissent: Mickovski v Financial Ombudsman Service Ltd

    Unsatisfied with the decision, Mickovski has now lodged an application for special leave to appeal to the High Court.
    AustraliaInsurance
    Hall & Wilcox
    Hall & Wilcox
  • Article

    Grandfathering under FOFA extended to platform operators

    A new Regulation extends the operation of the grandfathering provisions of the Corporations Act to platform operators.
    AustraliaFinance and Banking
    Hall & Wilcox
    Hall & Wilcox
  • Article

    Who let the dog in?: a case of occuper's liability

    The Court agreed that the presence of the dog in the house did not pose a foreseeable risk of injury to visitors.
    AustraliaLitigation, Mediation & Arbitration
    Hall & Wilcox
    Hall & Wilcox
  • Article

    Property investment and SMSFs - Part 1: direct investment

    This article is the first instalment series looking at issues to be considered by a fund trustee when developing land.
    AustraliaFinance and Banking
    Hall & Wilcox
    Hall & Wilcox
  • Article

    More Labour Pains for Powercor

    The voluntary labour should not be taken into account so as to reduce Powercor's liability for the property damage.
    AustraliaLitigation, Mediation & Arbitration
    Hall & Wilcox
    Hall & Wilcox
  • Article

    Catastrophe averted - tax treatment of pension assets on death

    A legislative fix will end the uncertainty around the taxation of assets supporting pensions upon the member's death.
    AustraliaTax
    Hall & Wilcox
    Hall & Wilcox
  • Article

    Stamp 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.
    AustraliaTax
    Hall & Wilcox
    Hall & Wilcox
  • Article

    Thinking outside the Triangle

    Occupiers of land have no duty to protect somebody lawfully on the land from the criminal behaviour of a third party.
    AustraliaEmployment and HR
    Hall & Wilcox
    Hall & Wilcox
  • Article

    Mind 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.
    AustraliaInsurance
    Hall & Wilcox
    Hall & Wilcox
  • Article

    Updating terms and conditions to comply with recent changes

    Non-compliant terms and conditions run the risk of being unenforceable and exposing a business to substantial fines.
    AustraliaConsumer Protection
    Hall & Wilcox
    Hall & Wilcox
  • Article

    Civil Procedure Act 2010 (Vic) Revisited and Amended

    The requirements for filing overarching obligations certifications before commencing civil proceedings are amended.
    AustraliaLitigation, Mediation & Arbitration
    Hall & Wilcox
    Hall & Wilcox
  • Article

    Dangerous liaison

    The plaintiff suffered serious brain injury after a speed boat driven by her intoxicated partner at high speed collided.
    AustraliaLitigation, Mediation & Arbitration
    Hall & Wilcox
    Hall & Wilcox
  • Article

    Change 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 Law
    Hall & Wilcox
    Hall & Wilcox
  • Article

    Tripping on the Dock of the Bay: vicarious liability

    Employers will not be deemed vicariously liable for the actions of employees unless they authorised the wrongful act.
    AustraliaEmployment and HR
    Hall & Wilcox
    Hall & Wilcox
  • Article

    Work life balance

    An employee need not prove that a particular activity which results in a compensable injury was induced by the employer.
    AustraliaEmployment and HR
    Hall & Wilcox
    Hall & Wilcox
  • Article

    Meat in the sandwich: Fire and panelling in the insured premises

    The broker was found liable for not enquiring about, or inspecting, the internal construction of the premises.
    AustraliaInsurance
    Hall & Wilcox
    Hall & Wilcox
  • Article

    The FOS (Financial Ombudsman Service) contract

    The Court ruled that FOS determinations are final and not subject to court review, save in exceptional circumstances.
    AustraliaInsurance
    Hall & Wilcox
    Hall & Wilcox
  • Article

    Nothing lost, plenty gained

    Current thinking is that liability should not be reduced just because the plaintiff has not suffered a financial loss.
    AustraliaLitigation, Mediation & Arbitration
    Hall & Wilcox
    Hall & Wilcox
  • Article

    Time limits: Must means must

    Failure to comply with mandatory time limits in the Wrongs Act 1958 has severe consequences for all parties involved.
    AustraliaLitigation, Mediation & Arbitration
    Hall & Wilcox
    Hall & Wilcox

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