Insights

The duty of disclosure needs to be reconciled with the new ways insurers are collecting and processing policyholder information The duty of disclosure has long been a cornerstone of insurance. Although, law reforms over the past 30 years have made the duty fairer for policyholders, it remains at the heart of the insurance transaction – […]

The Coroners Court of Victoria has called for the development of a set of standards specifically setting out systems for the communication of imaging results, and defining the roles and responsibilities of diagnostician and referring doctors with respect to the same. The recommendations were made following an inquest into the death of Mr Mettaloka Halwala, […]

A recent decision by the NSW Court of Appeal has given rise to hopes that the current interpretation of the words “competent professional practice” as they appear in section 5O of the Civil Liability Act 2002 (NSW) (the Act) may soon be revised. Two members of the judiciary commented critically on the standing interpretation of […]

The Victorian Department of Health has confirmed that the implementation of the ‘SafeScript’ real-time prescription monitoring system will begin later this year. The initial roll-out is set to take place in the Western Victoria Primary Health Network catchment area before it is extended to the remainder of the State in 2019. ‘SafeScript’ is intended to […]

Franchise systems are prevalent in the Fitness Industry. Buying a franchise has a number of advantages, such as the association with an established and reputable brand or service, assistance with setting up elements of the franchise, initial management training and ongoing support via established policies and procedures, and access to existing business systems. These advantages […]

The Federal Court in ACCC v JJ Richards & Sons has provided guidance on what may constitute an unfair contract term in a small business contract. As of 12 November 2016, statutory protections in the Australian Consumer Law (ACL) against unfair contract terms in standard form consumer contracts was expanded to include small business contracts […]

Premises are one of the most expensive outlays of any business, however do you understand your lease? As the tenant, dealing with any landlord is often a David vs Goliath affair, especially in a major business transaction such as selling your business and assigning your lease.  A very costly but common scenario is one where […]

Important changes to funding and disclosure laws which apply to charities are on the horizon under proposed changes to Commonwealth Electoral Act 1918 (‘Electoral Act’). Non-party Political Actors Under the Electoral Legislation Amendment (Electoral Funding and Disclosure Reform) Bill 2017 (‘the Bill’) which was introduced into Commonwealth Parliament late last year, a new regulatory regime […]

From 22 February 2018, mandatory data breach notification will apply to any individual or organisation regulated by the Privacy Act 1988 (Cth). This will affect any businesses with an Australian link and a continued presence in Australia. Under the new law, if a business is the subject of an ‘eligible data breach’ then if a […]

Meridian Lawyers acts for pharmacists in the sale and purchase of their pharmacy businesses.  Issues which arise in these transactions commonly include: the negotiation of the contract for sale of the business in order that the written contract reflects the wishes of the parties the obtaining of necessary approvals and consents (such as Pharmacy Council […]