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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 determined...
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Further to our previous update on 29 September 2015, the Wrongs Bill 2015 (“The Bill”) was introduced and read for a first time in the Legislative Council on 8 October 2015. It was then read...
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After being kept secret for years, the wording of the Trans-Pacific Partnership (TPP) has now finally been released. The wording contains practical guidance for traders on how to use the TPP. TPP refresh The TPP...
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In e-Conveyancing, most of the focus to date has been on how to satisfy verification of identity (VOI) requirements. The VOI obligation is to take reasonable steps to verify the identity of each party to...
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In September last year, new rules were introduced in Victoria requiring mortgagees/lenders to take positive steps to verify the identity of mortgagors/borrowers and their authority to deal with the land being mortgaged. These changes were...
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Since their commencement on 1 January 2010, all Modern Awards have had a standard clause 2.2 which allows employers to absorb monetary obligations imposed by the Modern Award into over award payments (Absorption Clause). This...
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Ownership of FTAs by in-house counsel is a key to increasing FTA utilisation. Too often FTAs are not used because of their complexity, other times they are incorrectly used. Logistics teams need legal support to...
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Earlier this year the Victorian government made changes to the Duties Act 2000 (Vic) (Act) to impose an additional 3% of duty on foreign purchasers of Victorian land used or intended to be used as...
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New state planning rules in NSW have freed up design options for multi-residential units in NSW to help improve housing affordability and supply. In the Sydney area, six local councils (Waverley, The Hills, Botany Bay,...
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Negotiators have announced that an agreement has been reached regarding the terms of the Trans Pacific Partnership (TPP), a regional trade agreement potentially covering 40% of global GDP. However, from an Australian trade in goods...
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September has highlighted the wide variety of issues that customs professionals must consider in the areas of classification, the Trusted Trader Programme, anti-dumping duties, the process for appealing decisions by the Department of Immigration and...
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The Supreme Court of NSW was recently faced with a decision dealing directly with Section 21 of the Insurance Contracts Act 1984 (Cth) regarding the insured’s duty of disclosure in the case of Stealth Enterprises...