The keys are in the Porsche

Good transport operators always have their clients accept their carefully drafted terms and conditions, which usually acts to exclude liability for their negligence. In an industry where margins are tight, prices are often set on ...

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Standardisation of Statements of Advice and Clawback Rights for Life Insurance

ASIC has in the past issued sample standard forms for different products. In another step along the road towards standardisation, on the 31st May, ASIC released a consultation paper on a new sample Statement of Advice (SOA) for li...

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To Claim and Claim Again: That is the Question

In the matter of Avni v Visy Industrial Plastics Pty Ltd [2016] NSWWCCPD 46 (16 September 2016), the appellant worker was employed by the respondent as a process worker when on the deemed date of 30 March 2005, she sustained an ...

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No Liability for Home-Turf Topple

In the District Court of New South Wales, in the matter of McKenzie v Day (No 2) [2016] NSWDC 236, the plaintiff claimed damages for negligence having sustained significant injuries to her lower legs and left elbow when she fell a...

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Out of Touch but Not Out of Time

In a decision [Mackenzie v Positive Concepts Pty Ltd & Anon [2016] VSC 259 (19 May 2016)] that graphically illustrates the apparent flexibility of the Limitation of Actions Act 1958 (Vic), at least as far as it applies to pers...

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Slippery When Wet

University not culpable for employee’s garden-path fall including recommendations about consumer leases VWA v Monash University [2016] VSC 178 (22 April 2016). Background Late in the evening on 6 October 2010, Janis Lonie, t...

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