Insights

Dealing with complex facts in assessing contribution for an asbestos exposure injury

The Supreme Court of Victoria decision of Swiatek, handed down on 21 December 2016, provides an insight into how the courts deal with complex issues of factual causation and contribution involving multiple defendants in a case relating to an injury resulting from ongoing exposure to asbestos over an extensive period of time. The facts The […]

Amendment of service approvals – your options if you are refused

Child care services may wish to apply for an amendment to their service approval for example, to increase the number of children that can be cared for at any one time. Applications to amend service approvals must be in writing and contain prescribed information. Child care services are encouraged to submit the application online using the […]

Proposed changes to National Quality Framework

Proposed changes to the National Quality Framework (NQF) have been agreed and will be introduced from October 2017. The changes include: A revised National Quality Standard to strengthen quality in education and care by reducing the number of standards and elements from 18 standards to 15, and 58 to 40 elements. Changes aimed to achieve greater […]

Choosing the right business structure for your child care service

Whether you are entering into an existing child care business, intending to set up a new structure or restructuring an existing business there are a range of legal structures which may apply in your circumstances. Different legal risks and liabilities associated with each business structure may apply: Sole Trader Appropriate for sole owners who intend to […]

Family Day Care Law: avoiding breaches of the National Law and Regulations

Meridian Lawyers acts for a wide range of childcare providers including family day care services who may on occasion need to respond to a complaint or regulatory investigation concerning compliance with the Education and Care Services National Law and Regulations (‘National Law’). The National Law was enacted with specific objectives including to: ensure the safety, […]

Brand loyalty in professional indemnity insurance: risks of shifting insurance cover

The case scenario: A registered health practitioner was involved in the treatment of a cardiac patient in 2008. The practitioner heard nothing further about the patient until receipt of a letter from the Coroner’s Court of Victoria in 2012 requesting a statement concerning the patient’s cardiac management in 2008. The practitioner had retired from practice […]

The insurer strikes back

The recent NSW Court of Appeal decision in Stealth Enterprises trading as The Gentleman’s Club v Calliden Insurance Limited (delivered on 5 April 2017) provides further guidance on: What must be disclosed by insureds when entering into and renewing contracts of insurance; and The burden of proof on insurers in relation to establishing what the […]

General insurers need to be ever mindful of best practice advertising

It is essential for the general insurance industry to maintain proper standards of advertising. The general insurance industry is a prudential business. It is regulated by our prudential regulator APRA and it is also subject to scrutiny by the other regulators including the corporation’s regulator ASIC, the competition regulator, the ACCC and the tax regulator, […]

Dental insights: Is your radiology equipment registered and your radiology licence up-to-date?

The use and licensing of radiology equipment in South Australia is controlled and managed by the South Australia Environment Protection Authority (EPA), which administers the Radiation Protection and Control Act 1982 and the Radiation Protection and Control (Ionising Radiation) Regulations 2015. The EPA’s Radiation Protection Branch deals with radiology equipment within healthcare, which includes regulating […]

Attempted murder during offsite training: is the occupier liable for psychiatric injury?

Case note: Optus Administration Pty Limited v Glenn Wright by his tutor James Wright [2017] NSWCA 21: In overturning a decision of the Supreme Court of NSW, the Court of Appeal considered the application of section 32 of the Civil Liability Act 2002. By a 2:1 majority, the Court of Appeal found that an occupier […]

Finalist in Lawyers Weekly Partner of the Year Awards

Meridian Lawyers is proud to announce that Partner Sharlene Wellard has been nominated as a finalist in the Lawyers Weekly Partner of the Year Awards for the Workplace Partner of the Year. The Workplace Partner of the Year Award recognises a partner who has kept up with the demands of workplace relations law, advising a […]

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