Publications Archives - Page 20 of 149

Australian Consumer Law – does statutory unconscionable conduct require some vulnerability or disadvantage?

On 19 March 2021, the Federal Court handed down a decision that clarified the scope of section 21 of the Australian Consumer Law. The Court indicated that, while exploitation of some vulnerability or disadvantage will often be a feature of unconscionable conduct, it is not is not an essential element in establishing that a party has engaged in statutory unconscionable conduct.

14 June 2021

Federal Budget 2021-22: increased regulation of not-for-profits self-assessing as income tax exempt

The Federal Government has recently announced reforms to the regulation of not-for-profit entities that self-assess as income tax exempt.

14 June 2021

Australian Consumer Law – does statutory unconscionable conduct require some vulnerability or disadvantage?

14 June 2021

Federal Budget 2021-22: increased regulation of not-for-profits self-assessing as income tax exempt

The Federal Government has recently announced reforms to the regulation of not-for-profit entities that self-assess as income tax exempt.

14 June 2021

Australia’s first Building Code sanctions imposed for WHS contravention –despite no injuries

The decision has significant implications for employers in the construction industry covered by the Code for the Tendering and Performance of Building Work 2016 (Cth) and indicates a greater likelihood of sanctions being applied to employers who fail to comply with their work health and safety obligations.

8 June 2021

Timeliness in obtaining expert reports – delay IMEs at your peril

In Bona v Jeffries & Allianz Australia Insurance Limited [2021] QSC 84, the defendant insurer failed, on the basis of unreasonable delay, in its application to the Brisbane Supreme Court for an order that the plaintiff submit to an assessment by an occupational therapist over 12 months after the holding of the compulsory conference.

4 June 2021

No damages for highly unusual work event

The findings of the Court in this highly unusual compensation claim should provide some comfort to employers but is a reminder to remain focused on practical measures to minimise foreseeable risks of injury to employees.

1 June 2021

Tax residency – changes in the wind

Eagle-eyed observers may have seen the Government’s budget night promise to replace the current individual tax residency rules with a ‘new, modernised framework’.

17 May 2021

Commercial leases – can a market rental determination be set aside?

Commercial leases ordinarily provide for rent to be reviewed at particular intervals throughout a lease term, such as when an option to renew the lease for a further term is exercised.

13 May 2021

Casual employment changes – Employment contracts to be key as focus switches to initial ‘offer and acceptance’

Changes to legislation affecting casual employment have sparked the need for employers to review casual contracts to ensure their employees are truly casual under the Fair Work Act. .

12 May 2021

Obtaining disclosure of information before court proceedings

Before commencing court proceedings, a claimant will need to ascertain the identity of the person to sue and whether they have a claim against them.

28 April 2021

Don’t let the door hit you … No negligence for automatic door striking airport visitor

In the claim of Gray v Wagga Wagga City Council [2021] NSWDC 108, the plaintiff failed to prove negligence against the Wagga Wagga City Council after an automatic door at an airport closed and struck her, injuring her neck, left shoulder and back.

27 April 2021

Category: Publications

Australian Consumer Law – does statutory unconscionable conduct require some vulnerability or disadvantage?

Federal Budget 2021-22: increased regulation of not-for-profits self-assessing as income tax exempt

Australian Consumer Law – does statutory unconscionable conduct require some vulnerability or disadvantage?

Federal Budget 2021-22: increased regulation of not-for-profits self-assessing as income tax exempt

Australia’s first Building Code sanctions imposed for WHS contravention –despite no injuries

Timeliness in obtaining expert reports – delay IMEs at your peril

No damages for highly unusual work event

Tax residency – changes in the wind

Commercial leases – can a market rental determination be set aside?

Casual employment changes – Employment contracts to be key as focus switches to initial ‘offer and acceptance’

Obtaining disclosure of information before court proceedings

Don’t let the door hit you … No negligence for automatic door striking airport visitor

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