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The Global Damages Review - Edition 1 - AUSTRALIA - Jan 2019

Partner, Simon Morris and Law Graduate, Amir Chowdhury co-authored the Australian chapter of The Law Reviews' - 'Global Damages Review, Edition 1'.  

The chapter provides an overview on the current state of law in Australian jurisdictions, noteworthy recent decisions and trends with respect to damages claimed in civil litigation.

 

Fast tracking evidence for foreign proceedings - Dec 2018

Obtaining evidence from persons residing in Australia for use in foreign proceedings can be complicated and time consuming. McKenzie Moore, Special Counsel and Natalie Miller, Lawyer, share their experience of using unconventional channels to fast-track the process.

New Directors’ and Officers’ exposure to personal liability under Security of Payment Legislation in NSW - Dec 2018

Last week the Building and Construction Industry Security of Payment Amendment Act 2018 (Amending Act) was passed by both houses of NSW Parliament. The suite of changes cover many aspects of payment behaviour on construction and related procurements in the Premier State. Partner, Robert Riddell and lawyer, Brianna Smith consider the new exposure this presents to Directors and Officers of construction companies.

Grappling with Good Faith - Nov 2018

The recent New South Wales Court of Appeal decision of Goodwin Street Developments Pty Ltd v DSD Buildings Pty Ltd has clarified that the statutory obligation of adjudicators to apply good faith in making their determinations is distinct from a failure to consider the mandatory matters that must be considered by an adjudicator. Good faith is satisfied by an absence of “bad faith” in the decision making process.  Gemma Twemlow, Senior Associate and Denise Burloff, Lawyer discuss the decision.

Awkward Timing: When not to serve a payment schedule - Nov 2018

A recent decision of the Supreme Court of NSW[1] has clarified the status of a payment schedule served out of time, but before a section 17(2)(b) notice is issued.

Partner, Robert Riddell and lawyer, Brianna Smith, consider what this decision means for you in terms of managing exposure to payment claims.

Rubbing salt into the wound of an applicant in unfair dismissal proceedings - Nov 2018

An applicant whose claim was “doomed to fail”, and was pursued by her to inflict as much damage as possible on her former employer, has led to severe consequences when the Fair Work Commission ordered her to pay indemnity costs to her former employer.

Partner, David Ey and Senior Associate, Gemma Twemlow review the decision.  

Dark clouds loom over common fund orders - Oct 2018

A shadow has been cast over the seemingly well-accepted ability of courts to make common fund orders in third-party funded representative proceedings.  The New South Wales Court of Appeal is to determine whether the Supreme Court has the power to make such orders. This determination coincides with a challenge by Westpac in its application for leave to appeal Justice Lee’s decision in Lenthall v Westpac Life Insurance Services Limited [2018] FCA 1422.

Partner, Anne Freeman, Special Counsel, Susanna Khouri and Law Clerk, Amir Chowdhury provide an update.

AFCA: Paving the way for complaints in the financial system - Oct 2018

The Australian Financial Complaints Authority (AFCA) is a new external dispute resolution (EDR) scheme that has been formed to deal with complaints from consumers against an AFCA member. AFCA replaces the existing EDR schemes, being the Financial Ombudsman Service (FOS), the Credit and Investments Ombudsman (CIO) and the Superannuation Complaints Tribunal (SCT). Access to AFCA will be free to consumers and it has the following characteristics:

  • it is a single forum for EDR services;
  • it allows higher monetary limits on the amounts that may be awarded by AFCA for complaints other than superannuation complaints;
  • it provides greater accountability to users, including the appointment by the AFCA Board of an independent assessor whose purpose will be to consider whether AFCA provides an appropriate standard of service; and
  • it is governed by the AFCA Complaint Resolution Scheme Rules (Rules) which are the terms of reference outlining the rules and processes applicable to all complaints submitted to AFCA, to support its dispute resolution functions and legislation relating to superannuation disputes.

Florian Ammer, Partner, Elaine Cheung, Senior Associate and James Poulos, Law Clerk, provide an overview of the new Australian Financial Complaints Authority.

Ramping up subcontractor protection – Retention and now ‘Deemed’ Statutory Trusts - Oct 2018

Poor payment practices in the construction industry have faced increasing scrutiny by legislators, culminating in a series of amendments (and proposed amendments) to the security of payment regime.

Partner, Robert Riddell, and lawyer, Brianna Smith, step you through the introduction of retention trusts and the telegraphed statutory trust accounts, explaining how they work and what they mean for you.

Preparing for the Royal Commission into Aged Care Quality and Safety - Sep 2018

On 16 September 2018 the Prime Minister Scott Morrison announced the Government’s decision to hold a royal commission into the aged care sector.

The purpose of this article is to:

  1. Assist you with understanding the process of a Royal Commission;
  2. Outline the steps you and your organisation can start taking now in order to prepare for the Royal Commission; and
  3. Consider how you can best position yourself to deal with the potential fallout from the Royal Commission.

We explore these questions further below.

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