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By Margaret Kaukas
Self insured employers may have experienced cases where an injured worker declines to attend a medical examination by the Medical Panel upon legal advice. There is a school of thought amongst lawyers acting for injured workers that the relevant sections of the Workers Rehabilitation and Compensation Act 1986, are invalid and /or do not grant compensating authorities the power to refer medical questions to the Medical Panel.
By Sandy Donaldson
People are often perplexed when for some reason, usually a transaction in a foreign country, they are obliged to seek the services of a notary public. What is a notary public? Is this the same as a public notary? Who are these people?!
Registered employers should have an understanding of the process and be prepared, where necessary, to play a proactive role in the management of an injured worker’s claim for compensation.
By Madeleine Crawford
A wine label is an important part of the packaging, and an attractive label can be a help in winning sales. But, as well as appearance, there are regulatory considerations.
By Alan Branch
It has been announced that in April 2011 a new national system for business name registrations will commence. Each State of Australia has agreed to refer their business name registration powers to the Federal Government so that a uniform system can be established. The new system will be administered by the Australian Securities and Investments Commission [ASIC] which also controls the registration of companies.
By Sandy Donaldson
The Institute of Public Affairs has published its State Business Tax Calculator as at 31 December 2009 entitled "Bearing the Burden 2009: The Size and Impact of State Government Business Taxes".
By Emily Eliades
The decision of Windeyer AJ in ASIC v Somerville & Ors [2009] NSWSC 934 illustrates the potential for exposure of legal, accounting and other professional advisors to liability if they facilitate improper corporate conduct, and serves as a warning for those who overstep the legitimate boundaries when providing legal or financial advice.
By Guy Biddle
A recent decision of the High Court of Australia, CAL No 14 Pty Ltd (Tandara Motor Inn) v Motor Accidents Insurance Board (Scott) (2009) HCA 47, has attracted national attention in relation to the duty of a hotelier to monitor and minimise the service of alcohol to customers.
By Sandy Donaldson, Madeleine Crawford
Trade secrets, whether technical information, like designs or a formula, or commercial, like customer lists or business procedures, can be valuable assets, perhaps the most valuable assets, of a business.
By Guy Biddle
In Adeels Palace Pty Ltd v Moubarak & Najem (2009) HCA 48 the High Court of Australia considered the issue of a restaurant’s duty of care to patrons who suffer harm at the hands of a third party, both at common law and also in the context of the statutory requirements under the Liquor Act and the Civil Liability Act in New South Wales.
By Sandy Donaldson, Madeleine Crawford
The proposed changes to consumer law that we described in our Spring edition of the DW Report (Are Your Contracts Void?) are expected to take effect after 1 July 2010.
By Jarrod Ryan
You may remember back in October 2009 we alerted you to a new bill being introduced into parliament to amend the Liquor Licensing Act 1997. The bill contained some exciting amendments for holders of a Producer’s Licence.
By Kieren Moore
By its decision in Bamford, the Full Federal Court ("FFC") has (subject to reversal by the High Court or legislative change) confirmed the following in respect of trust deeds and discretionary trust distributions.
By Melanie Bird
The current state of the world’s economy is unfortunately taking its toll on many businesses. We hear about these hardships almost on a daily basis.
By Sandy Donaldson
Most contracts are in writing, whether a formal deed or agreement, or a less formal memorandum or heads of agreement, or correspondence.