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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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9 Jul 2018
The Brave New World of Data (in) Security
The Brave New World of Data (in) Security It is prudent to be scared rather than brave in the modern world of data breaches and cyber-attacks, where criminal enterprise endeavours to breach effective security systems and keep ahead of effective regulation.
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6 Jul 2018
Privacy and Cyber Risk – Turning uncertainty into opportunity
Privacy and Cyber Risk – Turning uncertainty into opportunity Introduction: Australia’s current technological landscape. Australia’s technological landscape is ever evolving. Across sectors, digital technologies are constantly shifting business rules by facilitating new business models. Technolog ...
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31 May 2018
Call for caution as unfair insurance contract terms debate heats up
In February 2018, the Consumer Action Law Centre released a report titled ‘Denied: Levelling the Playing Field to Make Insurance Fair’ (the Report). The Report promoted the need to extend the provisions of unfair contract terms within the Australian Consumer Law (ACL) to the insurance industry.
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30 May 2018
Bad eggs - How a handful of contractors ruin construction
While most Australians enter construction contracts with no issues whatsoever, there remain instances in which builders take advantage of witting consumers. For an example, we draw attention to the example of Tevita and Siosiana Ungounga’s (“the Ungoungas”) and their company, T & T Sandstone Constru ...
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