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Verdict of the Royal Commission: Banking and Finance report
By Monique Stella, Partner and Isabella Barnes, Associate Today at 4.20pm, the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry issued its final report...
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TPD: Unreasonable Insurer Decision: Folmer v VicSuper Pty Ltd & Anor [2018]...
By David Slatyer, Partner and Jeffrey Sewell, Special Counsel So went the Judge’s ominous opening remarks in Folmer v VicSuper Pty Ltd, a case involving questions of entitlement to a TPD benefit: “This...
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AFCA – three months in
This is the final article in a four-part series on the Australian Financial Complaints Authority (AFCA) which opened its doors in November 2018. We take a look at AFCA’s first three months, the...
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Costs aren’t completely out of the question
By Harold Downes, Partner and William Ash, Senior Associate We often hear that section 570 of the Fair Work Act 2009 (the Act) operates such that it is a waste of time to apply for costs in matters...
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Corporate Advisory Bulletin – January 2019
In the media First GDPR sanction: GOOGLE fined with €50 million by the French Data Protection Authority The European Union General Data Protection Regulations (the GDPR) contains new data protection...
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By Mark Bland, Partner The ASIC v Westpac Securities[1] judgement significantly impacts how financial firms can engage with consumers. It broadens what can be done under a general advice authorisation...
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I ask therefore you must respond: requests for information and documents...
By Ariel Borland, Partner, Nirupa Manoharan, Special Counsel and Lincoln Smith, Lawyer Introduction The NSW Supreme Court has provided guidance on the scope and operation of ss 70-45, 70-55 and 70-90...
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Opal Tower interim report blames design and construction flaws for concrete...
By Scott Higgins, Partner, Carlo Garofali, Consultant, and John Hibbard, Lawyer An interim report into defects afflicting the Opal Tower, a newly constructed residential apartment building in Sydney’s...
View ArticleWhen you can’t dismiss a probationary employee
By William Ash, Senior Associate A recent decision of the Federal Circuit Court of Australia in Pacheco-Hernandez v Duty Free Stores Gold Coast Pty Ltd [2018] FCCA 3734 (‘Duty Free Stores’) shows that...
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MetLife Insurance Ltd v Hellessey [2018] NSWCA 307
By David Slatyer, Partner The New South Wales Court of Appeal delivered its decision on MetLife Insurance Ltd v Hellessey [2018] NSWCA 307 on 12 December 2018. In writing this note I address some of...
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Amendments to the National Employment Standards – family and domestic...
By Lisa Anaf, Partner and Sarah Saliba, Lawyer Since 1 August 2018, employees covered by modern awards have been entitled to unpaid family and domestic violence leave. Now all employees have access to...
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Submission – ACNC Regulatory Approach Statement
The Australian Charities and Not-for-profits Commission (ACNC) recently sought targeted feedback on its updated draft Regulatory Approach Statement (RAS). The RAS is a formal statement explaining how...
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New planning laws kick-in — affecting rezonings and local strategic planning...
Aaron Gadiel, Partner The never-ending process of ‘reforming’ the NSW planning law continues. The latest changes come into effect today (10 December 2018) — affecting the new local strategic planning...
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Australia becomes one of the first nations to take on modern slavery
By Luke Geary, Partner, Naomi Brodie, Associate and Erin Smith, Paralegal Since the “Hidden in Plain Sight” inquiry launched by the Australia Government in 2017, a spotlight has been shone on modern...
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Challenging the Deed of Company Arrangement – the saga continues…
By Nirupa Manoharan, Special Counsel Introduction In September I reported on the High Court decision in Mighty River International Limited v Mineral Resources Limited [2018] HCA 38. In that decision...
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Corporate Advisory Update – November 2018
In the Media Franchise Council welcomes $2b boost for SME loans As a major contributor to the Australian economy, small businesses and their franchises have been embroiled in a prolonged period of...
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Get ready, because here it comes: Aged Care Royal Commissioners to issue...
A 3 minute read about the latest news on the Aged Care Royal Commission By Darren James, Partner, Commercial Disputes, Mills Oakley. Winner, ACQ5 Litigation Lawyer of the Year (Australia), 2018....
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Submission – Cemeteries & Crematoria NSW
As a member of the Cemeteries & Crematoria NSW Community and Consumer Consultative Group, the Mills Oakley Not-For-Profit team was asked to comment on the updated Cemetery and Crematorium Operator...
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Flexible working conditions for your staff – Crucial steps to take when an...
By Shannon O’Connor, Associate This year the Fair Work Commission (FWC) has been hard at work with its 4 yearly review of modern awards. On 20 November 2018, the full bench of the Fair Work Commission...
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Third Dimension – A new interment rights system for NSW – Complying with Part...
By Clement Ngai, Paralegal Introduction The Cemeteries and Crematoria Act 2013 (NSW) (Act) is the centrepiece to a series of reforms to the NSW interment industry, initiated by the NSW State Government...
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