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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...
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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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...
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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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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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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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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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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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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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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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