In e-Conveyancing, most of the focus to date has been on how to satisfy verification of identity (VOI) requirements. The VOI obligation is to take reasonable steps to verify the identity of each party to…
“The Sleeper Awakes” e-Conveyancing: The Right to Deal | Hunt & Hunt
Employers who fail to adequately respond to complaints about racist, offensive or otherwise discriminatory conduct in the workplace may be vicariously liable for the conduct even if other preventative steps it takes are exemplary. Facts…
Racial Discrimination – Liability Where Failure to Act on Complaints | Hunt & Hunt
A recent decision on appeal awarding damages for a domestic “slip and fall” is a warning to homeowners, insurers and underwriters alike. Familiarity with the premises and constructive knowledge of “degrees of slipperiness” as determined…
It Started with a Kiss. Will it End in the High Court? | Hunt & Hunt
Further to our previous update on 29 September 2015, the Wrongs Bill 2015 (“The Bill”) was introduced and read for a first time in the Legislative Council on 8 October 2015. It was then read…
After being kept secret for years, the wording of the Trans-Pacific Partnership (TPP) has now finally been released. The wording contains practical guidance for traders on how to use the TPP. TPP refresh The TPP…
Trans Pacific Partnership Detail Released: What Importers and Exporters Need to Know | Hunt & Hunt
The Free Trade Agreement between Australia and China will commence on 20 December bringing with it an immediate round of tariff cuts and a further round of cuts on 1 January 2016. With only 11…
China Free Trade Agreement to Commence on 20 December | Hunt & Hunt
In a unanimous judgment, the High Court has ruled that employers cannot avoid the sham contracting provisions in the Fair Work Act 2009 (Cth) through the use of third-party labour hire arrangements. In Fair Work…
High Court Closes Loophole on Independent Contractors | Hunt & Hunt
On 10 December 2015, the High Court refused the plaintiff special leave to appeal the decision of New South Wales Court of Appeal in Christine Fabre v Bonny Lai Chun Lui [2015] HCASL 230. The judgment…
The decision in Allen v Chadwick [2015] HCA 47 concerns the operation and interpretation of Parts 6 and 7 of the Civil Liability Act 1936 (SA) which construct a regime for determining negligence and create a…
Rebutting the Statutory Presumption of Contributory Negligence | Hunt & Hunt
Readers may recall that on 1 June 2014 amendments to the Anti-Money Laundering and Counter-Terrorism Financing Rules (AML/CTF Rules) commenced. These rules were made under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) (the…
Anti-Money Laundering Legislation: Period of Grace for Implementation of New Customer Due Diligence Requirements Nears an End | Hunt & Hunt
Credit legislation often has a “sting in the tail” – something that was not readily apparent when the legislation was first framed but then comes back to haunt credit providers down the track. We are…
Responsible Lending Obligations: Saving Borrowers from Themselves | Hunt & Hunt
The recent appointment of Hunt & Hunt’s Victorian property team to the Victorian Government Legal Services Panel demonstrates the depth and experience of our Melbourne property lawyers and paralegals. The team has been appointed to…
State Government Panel Appointment Endorses Hunt & Hunt’s Property Capability | Hunt & Hunt
“BlueScope Steel stung by alleged corporate espionage” read the headline on the front page of the “The Age” newspaper last Saturday. The article that follows describes the alleged “international espionage” by former employee of BlueScope…
Shaken, not Stirred? Protecting Your Business Against Employee Espionage | Hunt & Hunt
LIABILITY FOR FALSE STATEMENTS TO CUSTOMS – FINES PLUS FORFEITURE OF THE GOODS Three individuals who made deliberately false statements in an attempt to evade duty each received fines equal to double the amount of…
Broker liability, penalties for false statements, dumping duties and an application to the High Court on TCOs | Hunt & Hunt
ASIC releases guidance on new protections for small businesses against unfair lending contract terms. The Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015 extends the protections contained in the Australian Consumer Law against…
In late February 2016, ASIC released a discussion paper titled “Broker Remuneration Review – Scoping Discussion Paper” to assist in scoping out the parameters of its forthcoming review of mortgage broker remuneration structures. ASIC is…
Some of the restrictions on communicating electronically where consumer credit is involved may soon be lifted. ASIC recently wrote to major industry bodies and key stakeholders seeking their views on amending the Electronic Transactions Regulations…
Electronic Communications Where Consumer Credit Involved – Potential Reforms | Hunt & Hunt
The eagerly awaited final report of the independent review of the small amount credit contract (SACC) laws and consumer leases was released on Tuesday 19 April 2016 by the Minister for Small Business and Assistant…
Small Amount Credit Contract Report Finally Released | Hunt & Hunt
Against a background of the High Court’s imprimatur of the contractualisation of leases, a lease variation agreed by the parties could be viewed simply as a variation of contract. However, as stated in Halsbury’s “at…
University not culpable for employee’s garden-path fall including recommendations about consumer leases VWA v Monash University [2016] VSC 178 (22 April 2016). Background Late in the evening on 6 October 2010, Janis Lonie, then the manager of…
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