ArticleWorkPac vs Rossato - how employers can prepare for the outcome of the High Court decisionIn 2021 the HC will attempt to correct the confusion around the definition of casual employment.AustraliaEmployment and HRColin Biggers & Paisley
ArticleOccupiers' liability: the landlord, the owners corporation, the criminal and the entrantThese cases illustrate the duty owed by an absent landlord in injury cases arising from accidents or from criminal acts.AustraliaInsuranceColin Biggers & Paisley
ArticleRecovery apportionment between insured and uninsured lossesRecent case reminds insurers of the benefit of expressly stating the agreed level of indemnification in a settlement deed.AustraliaInsuranceColin Biggers & Paisley
ArticleEquitable set-off circumstances clarified in Hawes v DeanThis decision is a timely reminder of the complex nature of equitable set-offs and stresses the unconscionability factor.AustraliaLitigation, Mediation & ArbitrationColin Biggers & Paisley
ArticleProperty transfers made to defraud creditors can be successfully challengedCase clarifies issues where parties seek to overturn transfer as being made with the intention to defraud creditors.AustraliaReal Estate and ConstructionColin Biggers & Paisley
ArticleBoardroom bullying decisionA recent decision by the Fair Work Commission held that directors can seek protection under federal anti-bullying laws.AustraliaCorporate/Commercial LawColin Biggers & Paisley
ArticleUnfair contract terms protections in commercial contracts to be extended to small businessesUnder proposed legislation, suppliers must not limit the rights of small businesses and avoid using unnecessary terms.AustraliaCorporate/Commercial LawColin Biggers & Paisley
ArticleExposure to ultraviolet radiation - new liabilities for insurers and employersEmployers should develop and enforce effective sun protection policies to minimise the risk of exposure for workers.AustraliaEmployment and HRColin Biggers & Paisley
ArticleFulfil your safety obligations to protect your business from new WHS lawsA safety due diligence system should be implemented in your business to avoid fines and prosecutions from new WHS laws.AustraliaEmployment and HRColin Biggers & Paisley
ArticleAmendments to AFSL holder requirements under the Corporations ActAmendments to the AFSL professional standards will affect AFSL holders who provide personal advice to retail clients.AustraliaFinance and BankingColin Biggers & Paisley
ArticleASIC proposes a modified form of AFSL for foreign financial service providersFFSPs, foreign operators and investors, Australian operators and investors should consider the impact of ASIC's CP301.AustraliaFinance and BankingColin Biggers & Paisley
ArticleTreasury consults industry on its proposed Financial Accountability RegimeAPRA regulated financial institutions should be aware of changes, from the BEAR to the FAR and other proposed reforms.AustraliaFinance and BankingColin Biggers & Paisley
ArticleWill the financial services reforms affect you?Businesses purchasing financial products or services will be affected by the Future of Financial Advice (FOFA) reforms. AustraliaFinance and BankingColin Biggers & Paisley
ArticleAirport operators management of kangaroo risk reconsideredSummary of recent case where sections 5F, 5H and 42 of the Civil Liability Act were applied.AustraliaGovernment, Public SectorColin Biggers & Paisley
ArticleEmployers get ready - Industry Specific Planning for COVID-19Employers should check WHO, Federal Government and State Health Department websites for the most up to date information.AustraliaGovernment, Public SectorColin Biggers & Paisley
ArticleAustralia's Bridgecorp appeal handed downThe Chubb Insurance v Moore judgment provides clarity and will be helpful for insurers, insureds and claimants alike.AustraliaInsuranceColin Biggers & Paisley
ArticleAvoiding a life insurance policy and the application of section 29(2) of the Insurance Contracts ActThis case is useful for life insurers if seeking to rely on the section to avoid a policy for fraudulent non-disclosure.AustraliaInsuranceColin Biggers & Paisley
ArticleWhat is business interruption insurance cover? And do you need it for your business?Business interruption insurance cover creates a financial buffer following unforeseen catastrophic events.AustraliaInsuranceColin Biggers & Paisley
ArticleCourt finds loss-making opportunity does not preclude awardof substantial damagesThis case highlights considerations to succeed in an award of substantial damages for loss of a commercial opportunity.AustraliaLitigation, Mediation & ArbitrationColin Biggers & Paisley
ArticleLitigating in 2020: Just a virtual hearing in a viral worldAn update on the virtual courtroom and further decisions considering when COVID-19 constitutes grounds to adjourn.AustraliaLitigation, Mediation & ArbitrationColin Biggers & Paisley