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7 Nov 2018
AFCA Open for Business Today 1 November 2018
From today, all new complaints previously made to the Financial Ombudsman Service (FOS), the Superannuation Complaints Tribunal (SCT), and the Credit and Investments Ombudsman (CIO) are made to and dealt with by the Australian Financial Complaints Authority (AFCA) under the AFCA Scheme.
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18 Oct 2018
Litigation Lotteries
On 17 October 2018 a complex multi-party and jurisdiction dispute came to an end in a High Court decision permanently staying a Federal Court proceeding. The decision suggests that the overarching purpose of resolving civil disputes quickly, inexpensively and efficiently, for both private and public ...
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10 Oct 2018
Taming the Cookie Monster
New regulations in the European Union (“EU”) are bringing significant change to the way in which Australian businesses must approach the use and storage of customers’ electronic information.
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3 Oct 2018
Indexation of Non-Economic Loss Damages under the Civil Liability Act 2002 (NSW)
In liability claims under the Civil Liability Act 2002 (NSW), depending on the severity of a Claimant’s alleged injuries and disabilities, aside from the heads of damage for economic loss, domestic assistance and care, non-economic loss damages can form a significant component in the assessment of t ...
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2 Oct 2018
Deceitful Debtors - Acting in Bad Faith
Section 37A of the Conveyancing Act 1919 (NSW) (“the Act”’) affords creditors reassurance by providing statutory protection against debtors who attempt to defeat or otherwise impede creditors by alienating their property. A key example of circumstances where a creditor may utilise this provision is ...
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12 Sep 2018
General Data Protection Regulation - What is it?
In 1995, the European Union (EU) adopted the Data Protection Directive (95/46/EC) which protected the rights of individuals with “regard to the processing of [their] personal data and on the free movement of such data.”
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3 Sep 2018
Cartel Conduct or Joint Venture?
When considering dealings involving actual or potential competitors, Australian competition law has long struggled drawing a bright line between: • permissible pro-competitive joint venture activity; and • illegal anti-competitive cartel conduct.
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20 Aug 2018
Policing insurer reasonableness and disclosure deciding TPD claims
In 2015, MetLife’s handling of total and permanent disability (TPD) claims lodged by police officers relating to Post-Traumatic Stress Disorder (PTSD) was the subject of public scrutiny and complaint. In 2016 and 2017, the Supreme Court rejected claims by MetLife that its reinsurer was on risk for s ...
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17 Aug 2018
“Blowing the whistle: Protections increase for whistleblowers under new amendments”
Public companies, large proprietary companies and registrable superannuation entities who fail to set up internal whistleblower policies, before 1 January 2019, could face penalties under new legislative changes.
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13 Aug 2018
Are insurance contracts unfair?
In 2008, the Productivity Commission recommended a new national consumer law applying to all industry sectors, including protections against unfair contract terms (UCT). In 2009 the Australian Consumer Law and related reforms were implemented, including the application of UCT protections in relation ...
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