Insights

Insuring builders: claims by subsequent owners

The landmark Australian High Court decision in 1995 in Bryan v Maloney made builders of residential properties liable to subsequent owners. Since then there has been a number of decisions confining the scope of the decision. In a significant change the NSW Court of Appeal has recently extended its reach beyond dwellings to the owners […]

Taking the ‘literal’ or ‘intended’ meaning: High Court reserves judgment

Meridian Lawyers is advising in relation to the following litigation which will have ramifications for the way that dependency claims may be quantified at least in New South Wales and Victoria. Taylor v Owners – Strata Plan No. 11564 in the High Court of Australia No. S179 of 2013: In 2007, during a violent storm, […]

Personal trainers: don’t sweat the legal small print

Over the years, we have been able to help clients grow their businesses with reduced legal risk, predominantly by ensuring that binding arrangements with others are properly documented (such as arrangements with partners, franchisees, employees and contractors), and that before being signed, written documents provided to our clients by third parties mirror the verbal agreement […]

Medico-legal issues for radiographers

BreastScreen radiographers, as health professionals, owe a number of legal and ethical obligations to all women who attend for screening mammograms. These obligations stem from statute, the common law and ethical and professional guidelines. It is important for radiographers to be aware of these obligations, to ensure their services are provided professionally, and the rights […]

AHPRA audits: tips for registered health professionals

As a registered health professional applying for or renewing your registration, in accordance with your Board’s registration standards, you are required to declare that you have (or have not): met the recency of practice requirements; completed the required amount of continuing professional development (CPD); held appropriate professional indemnity insurance; and disclosed to AHPRA any criminal […]

Joint statement on dental audits: ADA, Guild Insurance and Meridian Lawyers

Finally, some good news on the Medicare dental audits. In recent developments, several ADA branch members received letters from the Department of Human Services (DHS) announcing full waivers of alleged debts arising from claims under the Medicare Chronic Disease Dental Scheme (CDDS) before 1 April 2010. This follows the announcement by former Minister Kerr on […]

Privacy, legal liability and the pharmacist

What were the legal implications of allowing a third party access to a pharmacy’s computer to identify patients who may benefit from the Home Medicines Review (HMR) program? Meridian Lawyers Managing Principal, Paul Baker, says that under no circumstances should a third party be allowed access to a pharmacy computer or for that matter any […]

Fitness instructors, squats and waivers

The Supreme Court of the Australian Capital Territory has awarded damages of $255,261 to a student who injured himself while studying to be a fitness instructor at the Canberra Institute of Technology (CIT). The facts The student was enrolled at the CIT, studying to become a fitness instructor. He was participating in a class where […]

Employment Insights: Fair Work Commission lays down some markers on bullying

As lawyers we often hesitate in drawing definite conclusions on allegations of bullying, so the last thing we want is for a general article like this to embolden the bully or intimidate the victim. This is because the facts of each case are so critical. For a long time there was no national legislation prohibiting […]

Health professionals: Are you complying with your obligations?

The Department of Human Services has released its Compliance Program for the next two financial years (2013–2015), setting out its proposed strategies for assisting recipients, health professionals and businesses to comply with their obligations when receiving services or payments. This information is important for many health professionals, who deal with the Department on a regular […]

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