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Case review 17/05/2022
Many of Australia’s states and territories have passed legislation amending their respective work health and safety acts to include the offence of industrial manslaughter. In a recent common law development, Judge Cash QC of the Queensland District Court has sent a clear message to Queensland business owners that the responsibility to create and maintain a safe work environment is paramount.
Case review 17/05/2022
The Commercial Court handed down judgment today in Piraeus Bank v Antares Underwriting Limited and others ('The ZOUZOU'), providing clarity in respect of the proper construction and scope of indemnity cover of mortgagee's interest insurance (MII) policies.
Article 17/05/2022
It has become commonplace for employers to collect and store data relating to the vaccination status of their employees. When doing so, it is important for employers to be mindful of the obligations that may arise under the Privacy Act 1988 (Cth). In this article, we explain the scope and application of the Privacy Act in respect of information about employees’ vaccination status.
Article 17/05/2022
Unfortunately, Melissa Caddick is not Australia’s only corporate swindler. Fraudulent conduct in the workplace still occurs all too often and is incredibly costly for employers (financially and reputationally). Two recent, lesser-known cases concerning senior employees serve as timely reminders of the need to ensure appropriate checks and balances exist across a business to deter and detect unauthorised expenditure of company money.
Article 17/05/2022
A roundup of recent court decisions raising issues relating to non-delegable duty of care; the reintroduction of a claim following earlier discontinuance; secondary victim claims and clinical negligence; and future care and capacity.
Article 17/05/2022
A summary of key developments which include the Ockenden review; recommendations for NHS litigation reform; proposals for fixed recoverable costs in lower value clinical negligence claims; the draft Mental Health Act Reform Bill; the Health and Care Act and the Judicial Review and Courts Act; and the Mental Capacity Act 2005 Code of Practice and Liberty Protection Safeguards system.
Article 17/05/2022
In this article, we explore the key findings, recommendations and lessons learned following the largest review into maternity services at an individual NHS Trust, chaired by senior midwife, Donna Ockenden.
Case review 16/05/2022
In this article we consider the decision of Parkin v Boral Limited (Class Closure) [2022] FCAFC 47, which has given some clarity confirming the power of the Federal Court of Australia to allow notices of class closure upon approval of a settlement by the court.
Article 16/05/2022
On 28 April 2022, HM Treasury published its Solvency II consultation paper following proposals set out by Economic Secretary to the Treasury at the Association of British Insurers annual dinner on 21 February 2022. In this article, we look at the reforms contained in the consultation, and the impact this will have now that the UK has left the EU.
Article 13/05/2022
Following the recommendation of the Independent Inquiry into Child Sexual Abuse, a new sub-category of psychiatric injury has been included within the sixteenth edition of the Judicial College Guidelines. In this article, we explore this new section of the Guidelines and consider whether the courts in Scotland are likely to adopt these new figures in a manner which may bring awards for damages closer to those in England and Wales.
