Fallout from the Cash Store Case Continues

The decision in ASIC v The Cash Store (in liquidation) [2014] FCA 926, primarily focused on the responsible lending obligations of payday lender, the Cash Store under the National Consumer Credit Protection Act 2009. Other matt...

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Green light for SA fast track litigation and other recent Court changes

From 1 October 2014, there will be significant changes introduced into the South Australian District and Supreme Court. These changes are designed to improve the efficiency and reduce the costs of litigation. Concerns have long be...

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Implied Term of Trust and Confidence Extinguished by High Court

The High Court of Australia has unanimously found that the term of mutual trust and confidence should not be implied by law into all Australian employment contracts. In doing so, the High Court overturned two previous decisions i...

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Managing Conflict: Negotiation a Tool for Survival

Every day of our lives, whether in business or in personal relationships, we will engage in communication which requires the need to resolve divergent interpretations and differences of opinion. This can be in relation to a compl...

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Recent Case Law Reinterprets the Phrase “arising out of the use of a vehicle” Under the Victorian Transport Accident Act

The recent County Court of Victoria decision in Gurski v NMHG Distributions Pty Ltd & Ors [2014] VCC 112 has expanded the availability of the indemnity from the Transport Accident Commission (TAC) under section 94 of the Trans...

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Correction of Personal Information – How Will Lenders Deal with Disputed Payment Defaults in the Future Under app 13?

The Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth) (Enhancement Act) commences on 12 March 2014. The Enhancement Act introduces new Australian Privacy Principles (APP), including APP 13 which deals with the abil...

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