Insights

On 15 July 2015, the Queensland Government introduced the Workers’ Compensation and Rehabilitation and other Legislation Amendment Bill into Parliament. If passed, this Bill will remove the 5% threshold, which workers must currently meet to have an entitlement to seek common law damages. The 5% permanent impairment threshold was introduced by the Newman government and […]

Legal practitioners and their insurers can breathe a sigh of relief as on 21 May 2015 the NSW Court of Appeal  upheld the decision of the District Court in Kendirjian v Lepore [2014] NSWDC 66, summarily dismissing a claim based upon the advocate’s immunity principle. Mr Lepore, solicitor, acted for Mr Kendirijian in a personal injury claim […]

Vet Practice magazine recently interviewed Georgina Odell, Senior Associate at Meridian Lawyers – read her insights into how to succeed in a business partnership in the article “Power couple”. Thinking of going into partnership with a colleague? Vet Practice magazine’s writer Charmaine Teoh shares some legal and financial issues to consider before opening the doors to your business. Republished […]

Since 1998 the mandatory Franchising Code of Conduct has been the key instrument regulating the conduct of franchises in Australia, as prescribed under the Competition and Consumer Act 2010 (Cth). A new Franchising Code of Conduct was made public on 3 November 2014 (“new Code”). The implementation of the new Code will be the most […]

The High Court of Australia has dismissed the appeal of various Lloyd’s underwriters (the “Insurers”). The High Court’s reasoning presents a reading of section 54 that produces a literal and commercial outcome, which many insurers will find disappointing. (Maxwell v Highway Hauliers Pty Ltd [2014] HCA 33, 10 September 2014) The key issue for the […]

Queensland’s new independent health complaints agency, the Office of the Health Ombudsman (OHO), commenced operation on 1 July this year. Replacing the Health Quality and Complaints Commission (HQCC), all health complaints in Queensland must now be directed to the OHO for investigation. The OHO will deal with any active health complaints previously with the HQCC. […]

The Supreme Court of NSW has found a construction company employer liable for its failure to warn an employee to refrain from standing upon the top rail of a scaffolding structure which was defective in any circumstances but accepted that the scaffolding company did not leave the scaffolding in such a deficient state three days […]

The Victorian Government has introduced a Bill proposing to no longer require mandatory inquests into deaths in custody, if the Coroner ‘considers that the death was due to natural causes’. Deaths in custody will however still be subject to investigation by the Coroner’s Court of Victoria. Under the current version of the Coroners Act 2008 (Vic), the […]

When a patient sues a dentist alleging negligence it is the role of the court to weigh up the evidence and then make a determination – unless the parties resolve the dispute otherwise. This involves making findings of fact (e.g. the dentist did not perform an x-ray before proceeding with treatment) and then applying the […]

Talking to your business partner about how day-to-day business will be managed is an invaluable step in your business planning and road to success. As change is one of the certainties of life, also talking to your business partner about the future, and what should happen if circumstances change, is important to provide each of […]