Recent Decisions
Reasonable steps by employer satisfy duty of care for full recovery
Julie Walker v Top Hut Banoon Pastoral Co Pty Limited trading as Trustee the Wakefield Family Trust; Shear Away Pty Limited v Top Hut Banoon Pastoral Co Pty Limited trading as Trustee the Wakefield Family Trust (NSWDC 2021)
Key Takeaways
In this case, it was determined that as long as the injury itself is not in dispute, a body part can be referred to a Medical Assessor (previously known as an Approved Medical Specialist) for binding assessment, despite the fact that the available WPI assessments indicate 0% WPI.
Brief Facts
Key Takeaways
This case demonstrates the complexities that abound in the NSW workers compensation legislation.
The consent of the worker to a lump sum settlement is paramount in effecting the resolution of a WPI claim, and until that claim has been settled, it is a fundamental impediment to the finalisation of a work injury damages claim.
Julie Walker v Top Hut Banoon Pastoral Co Pty Limited trading as Trustee the Wakefield Family Trust; Shear Away Pty Limited v Top Hut Banoon Pastoral Co Pty Limited trading as Trustee the Wakefield Family Trust (NSWDC 2021)
Key Takeaways
Key Takeaways
The FCA recently confirmed the required course for liquidators when dealing with trust assets.
Individuals and organisations providing debt management services, including those offering ‘debt negotiation’ or ‘credit repair’ services are now subject to regulation. Amongst many other things, this means that the providers of such services must hold a credit licence and they must, from 30 June 2021, be operating within the transitional arrangements.
Tregidga & Anor v Pasma Holdings Pty Ltd trading as Pasma Electrical (Pasma)
Key Takeaways
On 28 June 2021 the FCA delivered judgment in this matter.
Published | Samantha Stanwell
As part of our ongoing commitment to recognise our talented and dedicated people, TurksLegal is pleased to announce the following new senior appointments.
These appointments acknowledge the hard work and commitment each of these individuals bring to the firm and their clients.
Please join us in congratulating Pradesha, David, Angellina, Taylah, Lucie and Elena!
Key Takeaways
On 27 May 2021, the Federal Government passed the Corporations Amendment (Statutory Minimum) Regulations 2021, resulting in key amendments to 5.4.01AAA of the Corporations Regulations 2001 (Cth).
Until 30 June 2021, creditors were able to serve a debtor company with a statutory demand in respect of a debt or debts which exceeded the statutory minimum of $2,000, unless the debtor company was eligible for temporary restructuring relief, in which case, the statutory minimum was $20,000.
Key Takeaways
Life insurers are not uncommonly faced with allegations of 'constructive decline' or'rejection' of a claim. That is, the assessment of the claim has not been completed in a timely manner or in such a way that the insurer has discharged its duty of good faith and fair dealing to an insured.