Proposed new "unfair contract" laws
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If you contract with small businesses here are some things you need to know about proposed new unfair contract laws. What is changing? The Government has released an exposure draft of a bill will amend...
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Dodgy Repair, Drastic Injury: Residential Occupier Not Liable
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Court of Appeal upholds use of local handyman for minor repairs. A judgment obtained by Hunt & Hunt, acting for the insurer of a residential occupier where a subsequent tenant sustained significant injury from prior...
Employment Law: What’s changing from 1 July 2015?
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As another new financial year brings in more important changes and new rates apply from 1 July 2015. A snapshot of these changes is set out below. 1. Minimum wage increases The National Weekly...
Details of the China FTA Release – Start Preparing Now!
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The terms of the China Australia Free Trade Agreement (FTA) have been finalised and released. The full text of the agreement provides importers and exporters with the details of exactly what duty rates their goods...
Accident v Aftermath – High Court Decision on Damages Sought for Mental Harm
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On 10 June 2015, the High Court handed down a significant decision in the context of personal injury claims within South Australia. The decision concerns the interpretation and application of Sections 33 and 53 of...
Claims Against Insurers
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This article relates to claims against insurers under s601AG of the Corporations Act 2001 (Cth) and application of the proportionate liability regime. In the recent Supreme Court of New South Wales decision of Smart v...
You May be Responsible for Customs Duty and GST Even if You’re not the Importer!
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A recent Tribunal decision demonstrated that Australian Customs can, and will, pursue the Australian recipient of goods for underpaid duty even where the foreign supplier acted as the importer of record and was responsible for...
Sale of Land Email Exchange Forms Binding Contract of Sale
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Terms of proposed agreements communicated via email can unexpectedly become an enforceable agreement. A recent case in Queensland serves as a wake-up call to professionals involved in transactions for the sale of land. In Stellard...
Medical Panel Determinations Made 30+ Days After Examination of the Claimant Will be Invalid
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In Holloway v Department of Human Services and Ors [2015] VSC 184, His Honour McDonald J found that a determination of a medical panel convened pursuant to the Wrongs Act 1958 (“Act’) is invalid if...
Obtaining Customs Tariff Concessions has Become Easier for Made-to-Order Capital Equipment
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At a time when it is becoming increasingly difficult to use tariff concessions, a recent Tribunal decision has opened the door for tariff concession orders to be granted in respect of bespoke made to order...
Further Information to be Provided in Certificates of Assessment and Medical Panel Referrals
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Part VBA of the Wrongs Act 1958 (“Act”) places thresholds in relation to the recovery of damages for non-economic loss. The Wrongs (Part VBA) Claims Regulations 2015 (“2015 Regulations”) prescribe forms and other matters for...
High Court Clarifies, Limits Applicability of Corporations Act Proportionate Liability Regime
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In our May 2015 E-alert entitled “Proportionate Liability Update – High Court Clarification Pending“, we considered the submissions made on behalf of the Selig’s and Wealthsure Pty Ltd to the High Court. The Selig’s had...