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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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7 Aug 2018
Defending the indefensible – the limitations of defence costs insurance cover?
Adam Cranston, the son of the former Deputy Commissioner of the Australian Taxation Office, is currently being prosecuted in relation to the alleged payroll tax fraud for conspiracy to defraud the ATO and the recovery of alleged proceeds of crime. He and others recently sought relief in the Federal ...
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7 Aug 2018
When storms become catastrophes (and how that affects insurance)
Storms and floods are extremely damaging. Not just for properties, but for individuals and the communities they inhabit. When communities are faced with extensive damage in these situations, the Insurance Council of Australia (ICA) may declare the storm or flood an “extraordinary catastrophe” or a “ ...
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2 Aug 2018
How the creation of AFCA will change the Insurance Industry
On 14 September 2017, the Federal Treasury announced the establishment of an Australian Financial Complaints Authority (AFCA) . It is a massive shift to the governance of financial issues in Australia, and one that the insurance industry need to be aware.
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26 Jul 2018
THAT’S NOT A KNIFE. THIS IS A KNIFE!
On 18 July 2018 in Sydney, reasons for judgment in Australian Competition and Consumer Commission v Apple Pty Ltd (No 4) [2018] FCA 953 were published. Apple had earlier been penalised $9 million for suggesting it was not obliged to fix a software fault in its mobile devices if a third party had wor ...
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13 Jul 2018
Buyer and seller beware – “Gun Jumping” on ACCC radar
Great care is needed on any potential sale or acquisition involving competitors (or potential competitors) to ensure the parties do not contravene broad civil penal and criminal prohibitions on cartel conduct in the Competition and Consumer Act.
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