Insights

  • Corporate & Commercial,
  • Oct 9, 2018
  • Author: Michael Bracken
  • INSIGHT: Financial Services Royal Commission – The Interim Report – Emerging Regulatory Themes

    The Interim Report of the Financial Services Royal Commission was tabled in Parliament on 28 September 2018. There has been much speculation about the potential nature of the findings and recommendations arising from the public hearings. The evidence of misconduct in the banking, superannuation and financial services industry, in some sectors and in specific instances, […]

  • Health,
  • Sep 27, 2018
  • Author: Shannon Mony
  • INSIGHT: Professional Misconduct – fact or fiction?

    A Perth Cardiologist has recently been found to have engaged in professional misconduct by the Western Australian Administrative Tribunal. [1] The Medical Board of Australia (the Board) made out five of six allegations against Dr Woollard. Key Takeaways The case provides a reminder of the meaning of unsatisfactory professional conduct and professional misconduct under the […]

  • Health,
  • Sep 24, 2018
  • Author: Dominique Egan
  • INSIGHT: Royal Commission into Aged Care Quality and Safety

    On 16 September 2018 the Prime Minister, Scott Morrison, announced that he will ask the Governor General to establish a Royal Commission to examine the quality of care in residential and home care services provided to senior Australians and also younger persons with disabilities who are living in residential aged care. The Terms of Reference […]

  • Health,
  • Sep 18, 2018
  • Author: Kellie Dell’Oro
  • INSIGHT: Can a loss of superannuation pension form part of a loss of earning claim for a retired claimant?

    An expansion of claims for loss of earning capacity. The High Court of Australia has held that a superannuation pension can be included in the calculation of damages in a negligence action. [1] The 71 year old plaintiff, Mr Latz, was diagnosed with terminal malignant mesothelioma, in October 2016.  He issued proceedings against Amaca Pty […]

  • Health,
  • Sep 3, 2018
  • Author: Kellie Dell’Oro
  • INSIGHT: Getting it right – meeting your legal and professional obligations in advertising

    New resources provided by AHPRA and National Boards aim to help health practitioners understand and comply with their legal and professional obligations under the National Law. Understanding and meeting legal obligations with regard to advertising and avoiding complaints to regulators can be a daunting task for health practitioners. The national regulator, AHPRA, has released a […]

  • Health,
  • Aug 29, 2018
  • Author: Kellie Dell’Oro
  • INSIGHT: Board removes links to past disciplinary decisions – but not all of them

    In response to criticism, the Australian Health Practitioner Regulation Agency (AHPRA) and the Medical Board of Australia (The Board) have revised the policy of publishing links to all tribunal decisions on the National Register.  The Board has removed links to tribunal decisions, but only those in which there was no adverse finding regarding the doctor. […]

  • Corporate & Commercial,
  • Aug 28, 2018
  • Author: Georgina Odell
  • INSIGHT: Child Care Subsidy Law– An introduction to the new Minister’s Rules and Secretary’s Rules 2017

    2 July 2018 saw a huge change in the practical and legal governance of child care benefits across Australia with the introduction of the new Child Care Subsidy (CCS) and removal of Child Care Benefit and Child Care Rebate. CCS continues to be regulated by the A New Tax System (Family Assistance) Act 1999 and […]

  • Insurance,
  • Aug 24, 2018
  • Author: Robert Crittenden
  • INSIGHT: Video: Negligence in relation to asbestos-contaminated waste

    Principal Robert Crittenden and Dominic Priestley SC discuss the recent New South Wales Supreme Court decision (Ball J) in Bettergrow Pty Limited v TransGrid (No 2). Produced by BenchTV, this video explores some of the key facts and findings of the case, bringing to light an important discussion about the duty of care requirement. In particular, […]

  • Insurance,
  • Aug 16, 2018
  • Author: Robert Crittenden Author: Lachlan Heather
  • INSIGHT: Case note: Your Onus or Mine?

    Refresher on damages for economic loss and domestic assistance where there are pre-existing conditions. Gulic v Angelovski[1] Facts  Mr Gulic was injured in a motor vehicle accident (MVA) in 2004.  In 2013, he commenced proceedings in the District Court of NSW at Sydney against separate firms of solicitors, alleging breach of duty by the solicitors […]

  • Health,
  • Aug 6, 2018
  • Author: Kellie Dell’Oro
  • INSIGHT: High stakes for organisational heads as Victoria introduces new requirements as part of reportable conduct scheme

    In the wake of the “Betrayal of Trust Inquiry” the Victorian government is rolling out wide ranging new legislative amendments[1] in the form of the Reportable Conduct Scheme (the Scheme).  These changes aim to strengthen organisational responses to child abuse allegations, and ensure systems are in place to prevent child abuse. Changes include strict reporting and […]

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