Broker liability, penalties for false statements, dumping duties and an application to the High Court on TCOs

LIABILITY FOR FALSE STATEMENTS TO CUSTOMS – FINES PLUS FORFEITURE OF THE GOODS Three individuals who made deliberately false statements in an attempt to evade duty each received fines equal to double the amount of the underpa...

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Responsible Lending Obligations: Saving Borrowers from Themselves

Credit legislation often has a "sting in the tail” - something that was not readily apparent when the legislation was first framed but then comes back to haunt credit providers down the track. We are reminded of what happened...

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Rebutting the Statutory Presumption of Contributory Negligence

The decision in Allen v Chadwick [2015] HCA 47 concerns the operation and interpretation of Parts 6 and 7 of the Civil Liability Act 1936 (SA) which construct a regime for determining negligence and create a presumption of contri...

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Anti-Money Laundering Legislation: Period of Grace for Implementation of New Customer Due Diligence Requirements Nears an End

Readers may recall that on 1 June 2014 amendments to the Anti-Money Laundering and Counter-Terrorism Financing Rules (AML/CTF Rules) commenced. These rules were made under the Anti-Money Laundering and Counter-Terrorism Financing ...

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Residential Occupier not Liable

On 10 December 2015, the High Court refused the plaintiff special leave to appeal the decision of New South Wales Court of Appeal in Christine Fabre v Bonny Lai Chun Lui  [2015] HCASL 230. The judgment obtained by Hunt & Hun...

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It Started with a Kiss. Will it End in the High Court?

A recent decision on appeal awarding damages for a domestic "slip and fall" is a warning to homeowners, insurers and underwriters alike. Familiarity with the premises and constructive knowledge of "degrees of slipperiness" as dete...

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