Insights

The dentist as an independent expert witness

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 […]

Positive partnerships: the comforts of a good partnership agreement

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 […]

Bubble, bubble, toil and trouble for plaintiffs

This Court of Appeal’s decision will assist retailers in dealing with damage caused by products sold and injury being sustained, external to but in close proximity to a store. The decision also provides useful judicial comment on the extent of the duty of care that retailers have with respect to use of products it sells. […]

Buying and selling dental practices

You need to consider a number of fundamental matters before purchasing a professional practice – we discussed these in our “Basic Fundamentals” article (published in NSW Dentist, April 2004). Before taking the plunge to buy into or sell a dental practice, there are many additional issues that you should think about, which are discussed in […]

Meridian Lawyers nabs high profile insurance lawyer

Meridian Lawyers lures highly regarded insurance practitioner Robert Crittenden from DLA Piper to the firm’s Sydney insurance law team. Robert’s appointment follows on from the recent appointment of experienced employment practitioner Sharlene Wellard, the former senior employment law partner at Piper Alderman, as Meridian continues to attract exceptional lawyers to the firm. Robert is highly-regarded […]

Employment relations principal joins Meridian team

Meridian Lawyers welcomes experienced employment practitioner Sharlene Wellard to the firm’s employment law team in the Sydney office commencing 8 July 2014. Sharlene is a highly regarded senior practitioner with extensive experience in employment and industrial law. She provides strategic advice and advocacy in all areas of industrial law, employment, discrimination, occupational health and safety […]

Endeavours to resolve the debate

Negotiating a contract? Can’t commit to an absolute obligation? Looking to impose an endeavours-type obligation (to use reasonable endeavours or best endeavours) to fulfil an objective? Then prepare well and minimise the debate. Reasonable endeavours and best endeavours A common obligation applied in commercial contracts is the use of an “endeavours” clause – the requirement […]

Keeping your website up-to-date and accurate

The evolution of digital media means that when incorrect material is published the publisher has additional means available to minimise the harm caused – namely take it off the website and/or publish a timely update. By extension, a failure to do this adds to the damage caused. The Times debacle At the end of last […]

Corporate governance update: ASX Rules

The 3rd edition of the ASX Corporate Governance Principles and Recommendations was released on 27 March 2014 with revisions aimed at the latest developments in corporate governance. What are the Principles and Recommendations? The ASX Listing Rules require ASX listed companies to disclose their corporate governance practices by reference to the ASX Corporate Governance Council’s […]

Credit reporting regime under the Privacy Act has a new bite

As of 12 March 2014, significant changes to the credit reporting regime under the Privacy Act 1998 (Cth) will impact on how dentists handle patients’ credit related information [1]. Are dentists credit providers? Do you provide credit in full or in part for at least seven days? Do you offer structured payment plans for your […]

Spotlight on Fitness: an overview of Australian Consumer Law

On 1 January 2011 the Australian Consumer Law (ACL) introduced some significant changes to the obligations on suppliers of services and goods. This update sets out a few practical tips on how fitness businesses can limit complaints and stay on the right side of the consumer law. Under the ACL, you guarantee that services supplied […]

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