ArticleCase development – Patrick Stevedoring v Victorian WorkCover Authority: the prohibition on OHS discriminationVictorian courts are willing to strictly enforce the anti-discrimination provisions under the OH&S Act 2004.AustraliaEmployment and HRHall & Wilcox
ArticleUnlisted property managed investment schemes scrutinised by ASICASIC turns its attention to responsible entities operating managed investment schemes in the unlisted property sector. AustraliaFinance and BankingHall & Wilcox
ArticleTwist in KFC caseKFC, as employer, was found vicariously liable for the negligence of its staff and the plaintiff was awarded damages.AustraliaFood, Drugs, Healthcare, Life SciencesHall & Wilcox
ArticleOff the Rails: collision with a trainThe Court held that the insured did not intentionally cause the collision, so the insurer was ordered to pay damages.AustraliaInsuranceHall & Wilcox
ArticlePrivacy Act overhaul - Be preparedProposed amendments to the Privacy Act will include significant changes recommended by an ALRC report in 2009.AustraliaPrivacyHall & Wilcox
ArticleAction item for 31 July 2012: Trustees need to lodge TFN ReportsIf a trustee resolves at EOFY to distribute income to a new beneficiary, the TFN report must be lodged within 1 month.AustraliaTaxHall & Wilcox
ArticleRegistration of business names going nationalIf you have a registered business name in a State or Territory regime, the name will be rolled into the national system.AustraliaCorporate/Commercial LawHall & Wilcox
ArticleApplications opening soon for default super fund listingThese changes mean important opportunities for funds to be listed as default superannuation funds under modern awards.AustraliaEmployment and HRHall & Wilcox
ArticleBlame CanadaThe Magistrate had erred in applying a Canadian case which was persuasive, but not binding authority in Australia.AustraliaInsuranceHall & Wilcox
ArticleFraud does payHe was guilty of fraudulent misrepresentation, but the court said it was unjust to make the doctor return the money.AustraliaInsuranceHall & Wilcox
ArticleHail the (Insurance) Fraud FindingIf an insured causes more damage, to write off the vehicle, the insurer can deny the entire claim on the basis of fraud.AustraliaInsuranceHall & Wilcox
ArticleWhen is an insurance claim really a ‘Claim’?It is not necessary for a claimant to request payment or a remedy from an insured for an insurance 'Claim' to be made.AustraliaInsuranceHall & Wilcox
Article2009 Black Saturday Bushfires: Labour painsThe judge held that Mr Thomas could recover the reasonable commercial cost of repairs to the fences and stockyards.AustraliaLitigation, Mediation & ArbitrationHall & Wilcox
ArticleDancing on the ceilingThe first floor ceiling of the premises, used as a restaurant and nightclub, collapsed, injuring a number of patrons. AustraliaLitigation, Mediation & ArbitrationHall & Wilcox
ArticleMinimum wage increase - are you ready?From 1 July 2011 minimum wages will increase in line with Fair Work Australia Minimum Wage Panel's decision.AustraliaEmployment and HRHall & Wilcox
ArticleAFSL for AccountantsThe Australian Government intends to introduce a limited Australian financial services licence (AFSL) for accountants.AustraliaFinance and BankingHall & Wilcox
ArticleTrust resettlements: Tax Commissioner withdraws 'Statement of Principles'Discusses the impact of the withdrawal of the 'Creation of a new trust – Statement of Principles August 2001'.AustraliaFinance and BankingHall & Wilcox
ArticleWoolworths isn't SafewayBusy retail occupiers cannot defend slip-and-fall claims without a detailed system of regular inspection and cleaning.AustraliaLitigation, Mediation & ArbitrationHall & Wilcox
ArticleFederal Government endorses Investment Manager Regime (IMR)Federal Government announced the final element of the Investment Manager Regime as proposed by the Board of Taxation.AustraliaStrategyHall & Wilcox
ArticleDeal or no deal?: At what point during a commercial transaction does an agreement become binding?Parties to commercial negotiations must clearly communicate at the outset that they do not intend to be legally bound.AustraliaReal Estate and ConstructionHall & Wilcox