Insights

  • Corporate & Commercial,
  • Feb 25, 2021
  • Author: Mark Fitzgerald
  • INSIGHT: Major Insolvency Law Reform Enacted

    Small to medium businesses can now restructure their way out of financial distress without having to ‘throw the baby out with the bathwater’. On 1 January 2021 the Corporations Amendment (Corporation Insolvency Reforms) Act 2020 (Cth) was passed, resulting in Australia’s most major insolvency law reform of the past 30 years. Restructuring Process The main […]

  • Corporate & Commercial,
  • Feb 23, 2021
  • Author: Hayley Bowman
  • INSIGHT: Does your domain name meet the new trade mark eligibility rules?

    From 12 April 2021, there will be new rules for ownership of .com.au and .net.au domain names. The new rules are designed to (among other things) enhance trust in the .au namespaces. The changes being implemented from 12 April 2021 include changes to: eligibility and allocation rules for .com.au, .net.au, .org.au and .asn.au domains the […]

  • Insurance,
  • Feb 16, 2021
  • Author: Robert Minc
  • INSIGHT: Waivers and extreme sports

    Marks v Skydive Holdings Pty Ltd [2021] VSC 21 Key takeaways Where an organisation wishes to rely on a waiver to bar all future claims against it, the waiver must be brought to the attention of the party in a sufficient manner. It is sensible to force a party to review and agree to the […]

  • Corporate & Commercial,
  • Feb 15, 2021
  • Author: Mark Fitzgerald
  • INSIGHT: Reinstatement of thresholds and other FIRB changes

    Major changes to Australia’s foreign investment regime came into effect on 1 January 2021, through two pieces of legislation: the Foreign Investment Reform (Protecting Australia’s National Security) Act 2020 (Cth) which amends the Foreign Acquisitions and Takeovers Act 1975 (Cth) (the Act); and the Foreign Investment Reform (Protecting Australia’s National Security) Regulations 2020 (Cth) which […]

  • Health,
  • Feb 11, 2021
  • Author: Kellie Dell’Oro
  • INSIGHT: New and expanded AHPRA Advertising Guidelines: a welcome aid to compliance

    Meridian Lawyers has published several Health Insights in the past about the importance of understanding and adhering to the advertising obligations set out under section 133 of the National Law. However, claims concerning advertising continue to be a recurring theme in our Health Law practice, indicating some persisting confusion about the boundaries of what is […]

  • Corporate & Commercial,
  • Feb 10, 2021
  • Author: Hayley Bowman
  • INSIGHT: How small businesses can utilise the ACCC’s new collective bargaining class exemption

    Small and medium businesses will have the ability to collectively bargain with their suppliers once the first ever class exemption granted by the Australian Competition and Consumer Commission (ACCC) commences this month. Key takeaways The ACCC announced that a class exemption will be granted to certain businesses to allow them to collectively negotiate with suppliers, […]

  • Insurance,
  • Feb 9, 2021
  • Author: Robert Minc
  • INSIGHT: Are all activities performed in a gym recreational? The court says no.

    Powell v JFIT Holdings Pty Ltd t/as New Dimensions Health and Fitness Centre [2020] NSWDC 264 Background On 4 February 2016, a gym member twisted her back while clearing weights strewn about the floor of the gym to make space for her exercise regime. She sustained a serious spinal injury which has resulted in ongoing […]

  • Insurance,
  • Jan 21, 2021
  • Author: Robert Minc
  • INSIGHT: In accommodation settings, does ‘slippery when wet’ mean liable?

    Nikolich v Webb [2020] WASCA 169 (21 October 2020) Key takeaways Due to the operation of s 50 of the Civil Liability Act 2002 (WA), there is no duty to warn of an obvious risk. The risk of slipping and falling on a wet bathroom floor where the floor is not uniquely slippery, is an […]

  • Corporate & Commercial,
  • Dec 4, 2020
  • Author: Hayley Bowman
  • INSIGHT: New Zealand’s Privacy Act Overhaul

    On 1 December 2020, the Privacy Act 2020 (NZ) (the NZ Privacy Act), repealed and replaced the Privacy Act 1993 (NZ). The NZ Privacy Act better aligns the privacy law in New Zealand (NZ) with international best practice. Importantly, for Australian residents and organisations, it means greater security and accountability for cross-border flow of personal […]

  • Health,
  • Dec 1, 2020
  • Author: Kellie Dell’Oro
  • INSIGHT: A case scenario on patient privacy – can I discuss a deceased patient’s care with their family members?

    Meridian Lawyers often receives calls from doctors and other health practitioners requesting one-off advice relating to their day-to-day practice. Recently, we have received a number of requests for advice about patient privacy and more specifically about the circumstances in which a health practitioner might be permitted to discuss a deceased patient with their family. The […]

  • Health,
  • Nov 9, 2020
  • Author: Kellie Dell’Oro
  • INSIGHT: A case scenario on death certificates – who can sign them and when?

    Meridian Lawyers often receives calls from doctors and other health practitioners requesting one-off advice relating to their day-to-day practice. One common and enduring theme of these requests for advice is death certificates – who can prepare them, and when? For example, if a patient dies in an aged care home, can a locum doctor certify […]

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