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Insurers to indemnify for bulk notifications of a “problem”
In Uniting Church in Australia Property Trust (NSW) v Allianz Australia Insurance Limited, the Federal Court of Australia ruled that the insured Plaintiff was entitled to indemnity by relying on a bulk notification of a “problem”. This decision confirms several important principles related to the notification of circumstances in Australia.
Five top HR fails in medical practices
Setting up a medical practice, employing practice staff, maybe taking on some other doctors as well? What could possibly go wrong? In this article, we consider five of the most common human resource management fails in medical practices that come across our desks.
The impact of AI on workplaces: creating a new generation of Luddites or converting reformists?
This article covers how employers are embracing AI across certain industries, some pitfalls to be mindful of when adopting AI systems as well as potential statutory and regulatory changes to keep an eye on.
What’s left of VCAT’s construction dispute jurisdiction?
The Honourable Justice Delany of the Supreme Court of Victoria recently held that the Victorian Civil and Administrative Tribunal does not have jurisdiction to determine claims for contribution brought pursuant to the Wrongs Act 1958 (Vic). In this article, we provide an overview of the decision and insights on the potential implications for VCAT’s Building and Property List.
The Health Practitioner Regulation National Law and Other Legislation Amendment Act: Changes to the National Law
The Health Practitioner Regulation National Law and Other Legislation Amendment Act 2022 has introduced amendments that impact over 30 areas of the Health Practitioner Regulation National Law. Special Counsel, Mia Campbell, and Paralegal, Jimmy Zhang, summarise the key changes and important details to watch for in an article published in the Australian Medical Association (Victoria)’s blog, Stethoscope.
Play nice with AFCA… or else
ASIC v General Commercial demonstrates that, in circumstances of significant contraventions, AFCA will refer licence holders to ASIC for investigation and a successful prosecution can result in the imposition of considerable penalties and restraints.
A quantum comparison: assessment of damages around the world
In this quantum comparison report, we provide an overview of the approach to claims, capturing the insights from our medical negligence experts in Australia, Canada, France, Hong Kong, Ireland, Israel, Latin America, Portugal, Spain and the UK.
Insurance forecast 2023: claims trends and future risks
Drawing on our experience across various risks, this 2023 insurance forecast report highlights some of the key trends that we anticipate will shape the insurance agenda for 2023 and beyond.
Construction and building claims in Australia and beyond - a year in review
The legislative regime for construction and building legislation in New South Wales is currently undergoing a major overhaul with the proposed introduction of three new Bills designed to improve the regulatory framework and create end-to-end accountability for those who participate in the building and construction industry. In this article, we look at the proposed changes in conjunction with the key trends and issues in construction and building claims emerging across the Australian States and overseas.
Towards a consumer-centred mental health system? An exploration of the Mental Health and Wellbeing Act 2022 (Vic)
On 6 September 2022, the Mental Health and Wellbeing Act 2022 (Vic) received Royal Assent. In this article we consider whether the Act has the capacity to deliver a fairer, more compassionate mental health system focussed on consumer recovery and support, a system which encourages a human rights-based culture to flourish.