Insights

New Franchise Disclosure Register

As a result of the Competition & Consumer (Industry Codes-Franchising) Amendment (Franchise Disclosure Register) Regulations 2022, which commenced on 1 April 2022, by 14 November 2022 franchisors will be required to publish a franchise profile and publish on the online Franchise Disclosure Register, important information about its franchise. This is a mandatory requirement and failure […]

Privacy Awareness Week | 2 – 8 May 2022

While 84% of Australians consider privacy to be important when they are choosing a website or digital service, only 20% read privacy policies and are confident they understand them.[1] This highlights the trust Australians place in service providers – trusting that their personal information will be handled with integrity and care. This year’s Privacy Awareness […]

Can My Replacement Vehicle be a Beamer? Damages for Loss of Use for Tortious Damage to Property

Damages for ‘loss of use’ of a chattel has for many years been an unsettled area of the law, pleaded inconsistently by plaintiffs and, at times, miscategorised by the Courts resulting in conflicting judgments. The issue is particularly important in claims for damages involving replacement car hire when a person’s car is damaged by the […]

A cautionary note to all health practitioners: don’t be caught out by section 130 of the National Law!

With increasing frequency in recent times, Meridian Lawyers is acting for registered health practitioners who have been the subject of investigation and/or disciplinary action for failure to comply with their obligation to notify their National Board of a ‘relevant event’. This article also serves to remind health practitioners and students[1] of their obligations to notify, […]

UK: Court of Appeal overturns controversial finding that under-16s cannot give informed consent to treatment with puberty blockers for gender dysphoria

UK: Court of Appeal overturns controversial finding that under-16s cannot give informed consent to treatment with puberty blockers for gender dysphoria; attempt to restrict the Gillick test by elucidating a clinical checklist for consent deemed “inappropriate” The UK Court of Appeal[1] has overturned the controversial decision of Bell v Tavistock[2] in which the High Court […]

United Kingdom High Court considers claim for discrimination by abortion laws to people with Down’s syndrome

Heidi Crowter, a 26-year-old woman with Down’s syndrome, brought a case in the High Court of England and Wales challenging the validity of the abortion laws in England, Scotland and Wales. Mrs Crowter argued that the laws were fundamentally discriminatory against people living with Down’s syndrome.[1] Mrs Crowter — who is married and lives independently […]

7-Eleven in breach of privacy laws over survey collecting facial images

The Australian Information Commissioner and Privacy Commissioner, Angelene Falk, recently determined that 7-Eleven interfered with up to 1.6 million customers’ privacy by collecting sensitive biometric information, via in-store customer satisfaction surveys, that was not reasonably necessary for its functions and without adequate notice or consent. This determination is a timely reminder to businesses to collect […]

New Director Identifier Number regime now mandated for all directors

From 1 November 2021, all directors of Australian registered bodies corporate are required to apply for a director identification number (DIN). The DIN regime, administered by the Australian Business Registry Services (ABRS) and managed by the Australian Taxation Office, has been introduced in order to prevent illegal phoenix activity, track directors’ involvement across different companies […]

Do you really need a copy of my COVID-19 vaccination certificate?

Vaccinated Australians will have, by now, accessed their COVID-19 vaccination certificate, a token of our roadmap out of lockdown. However, the token comes with personal and, in some formats, sensitive information. For example, the: COVID-19 digital certificate which can be saved to a smart phone reveals date of birth; the International COVID-19 Vaccination Certificate that […]

NCAT overturned Medical Council’s decision to suspend medical student’s licence

Case: Hyland v Medical Council of New South Wales [2021] NSWCATOD 199 The NSW Civil and Administrative Tribunal (“the Tribunal”) set aside the Medical Council of New South Wales’ (“the Council”) decision to suspend Mr Hyland’s registration as a medical student. Background The Council considered that it was appropriate to suspend Mr Hyland’s registration “in […]

Medical Management Plans for children and your system of governance

Approved providers and nominated supervisors will be aware that as part of ensuring the health, safety and wellbeing of children, a medical conditions policy must be in place which complies with Regulation 90 of the Education and Care National Regulations (National Regulations). This means that the medical conditions policy must set out the practices of […]

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