Creditors proceed with caution: ASIC and ACCC update debt collection guidance

  • Published 03.05.2021

Key Takeaways

On 13 April 2021, ASIC and the ACCC jointly published an updated debt collection guide for creditors and specialist debt collectors.

The guidance reinforces that ASIC and the ACCC encourage flexible and realistic debt arrangements, that account for and prevent further hardship, including indirect forms such as family domestic violence.

What constitutes an insured’s failure to take ‘reasonable precautions’?

  • Published 28.04.2021

Published | Ellie Pringle

TurksLegal is delighted to announce that five of our lawyers have been recognised in the 2022 Best Lawyers in Australia list announced today.

Best Lawyers is the oldest and most respected peer-review publication in the legal profession. Recognition in this publication is widely regarded by clients and legal professionals as a significant honour.

Congratulations to the following partners and special counsel on this great achievement:

COMMERCIAL PROPERTY

Agony of the moment defence – a driver’s successful appeal

  • Published 13.04.2021

Reardon v Seselja (ACTCA 2021)

Key Takeaways

Legal liability can be challenged in circumstances where a party establishes their actions were as a result of the agony of the moment and consistent with what a reasonable person in the same position would have done.

Predicting the unpredictable: deduction for ‘contingencies’ in work injury damages claims

  • Published 13.04.2021

Skinner v New South Wales (No 2) (NSWDC 2021)

Key Takeaways

In this case, a deduction of 40% was applied to the worker’s award of work injury damages for ‘contingencies’.

NSWCA considers plain meaning of medical assessment referral

  • Published 13.04.2021

Skates v Hills Industries Ltd (NSWSC 2020)

Key Takeaways

The NSWCA considered whether an AMS was entitled to assess the degree of permanent impairment arising from parts of the left upper limb which had not been specifically referred. The Court also considered whether the left wrist, which had been inadvertently omitted from the referral, could be assessed.

Employers Liability Newsletter - April 2021

  • Published 13.04.2021

RECENT DECISIONS

Predicting the unpredictable: deduction for ‘contingencies’ in work injury damages claims
Skinner v New South Wales (No 2) (NSWDC 2021)

NSWCA considers plain meaning of medical assessment referral
Skates v Hills Industries Ltd (NSWSC 2020)