Don’t Touch My Pen! Social Distancing & Signing Affidavits & Transactional Documents

  • Published 31.03.2020

The New South Wales Legislative Council and Legislative Assembly passed the COVID-19 Legislations Amendment (Emergency Measures) Act 2020 (NSW) (the ‘Act’) on 24 March 2020 which was assented to on 25 March 2020.

The Act introduces amendments to a number of NSW Acts in order to implement emergency measures as a result of the COVID-19 pandemic.

TPD: Reinsurer in the Spotlight

  • Published 30.03.2020

MX v FSS Trustee Corporation as Trustee of the First State Superannuation Scheme & Anor [2018] NSWSC 923

COVID-19 - GI Takeaway Regulation

  • Published 27.03.2020

During these unprecedented times, the General Insurance industry in Australia and New Zealand is beginning to see significant change to its regulatory framework.

These changes appear as a necessary adaptation to the COVID-19 pandemic and after the Insurance Council of Australia declared the pandemic a catastrophe on 11 March there is likely to be further ground breaking change given the extended nature of this crisis compared to other catastrophes.

Lease Incentive claw backs – Can they be enforced?

  • Published 26.03.2020

A decision of the Victorian Civil and Administrative Tribunal (VCAT) late last year has raised great uncertainty for landlords in Australia in their ability to claw black fit out costs and other incentives from tenants.

In its reasoning, VCAT applied an earlier decision of the Queensland Supreme Court which was previously thought to be an anomaly and unique to the facts of that case. The tribunal’s decision however, creates serious doubt on the ability to negotiate claw back clauses with tenants.

Claw back clauses

Cannabis trial falls within definition of Medical Treatment

  • Published 24.03.2020

Longworth v Secretary, Department of Transport [2020] NSWWCC 52 (26 February 2020)

Summary

The Workers Compensation Commission has determined that the prescription of medicinal cannabis can fall within the definition of medical and related treatment for the purposes of section 59 of the Workers Compensation Act 1987 (‘the 1987 Act’).

Breathing space given to debtors under urgent legislation

  • Published 24.03.2020

Coronavirus Economic Response Package Omnibus Bill 2020

Pursuing recoveries against negligent third parties: a success story

  • Published 23.03.2020

Charter Hall Real Estate Management Services (NSW) Pty Limited v State of New South Wales [2020] NSWCA 26 (25 February 2020)

 

Summary

An insurer’s claim for indemnity in respect of workers payments paid to an injured firefighter has been upheld on appeal.

Legislation

Section 151Z of the Workers Compensation Act 1987.

The Personal Injury Commission – Proposed legislation

  • Published 23.03.2020

The Personal Injury Commission – Proposed legislation

Employers Liability Newsletter - March 2020

  • Published 23.03.2020

Legislative developments
The Personal Injury Commission – Proposed legislation

Coronavirus (COVID-19) updates