A recent decision of the Australian Information and Privacy Commissioner, Commissioner Falk, highlights the importance of staff training on the collection and storage of personal information and the need to manage customers’ personal information in an open and transparent way. In 2017, Flight Centre held a ‘design jam’ to create technological solutions for travel agents. […]
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Privacy and External Dispute Resolution schemes: Limitations for healthcare credit providers
One of the intentions of the Privacy Act 1988 (Cth) (Privacy Act) is to enable an effective credit reporting system while safeguarding the privacy of individuals. To ensure that credit providers are able to comply with their responsible lending obligations, Part IIIA of the Privacy Act sets out: the types of personal information that credit […]
Future directions for the Consumer Data Right
On 23 December 2020, the Australian Government released the Report of the Inquiry into Future Directions for the Consumer Data Right. The Report looks at how Australia’s data sharing regime can be enhanced to further benefit consumers and strengthen our digital economy. For Australian businesses in the banking, energy and telecommunications sectors, now is the […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 ACCC commences this month. Background and the ACCC’s class exemption power Since November 2017, the ACCC has had the power to make class exemptions for certain types of conduct which may otherwise […]
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 […]
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 […]