LexBlog (Blogs)

1559 results for LexBlog (Blogs)

  • LexBlog Australia LexBlog, 2019
  • Directors and Officers Insurance and Material Non-Disclosure & Misrepresentation (Australia)

    In this judgment the court considered the insured’s duty of disclosure and the insurers’ ability to avoid the policy under the relevant Australian legislation. The question turned on what was called the Iraq File Note written in November 2010.The insurers contended that the contents should have been disclosed before renewal of the policy in 2011....

  • Biden Administration Hosts the First Indo-Pacific Economic Framework Ministerial: Updates, Outlook, and Remaining Questions

    On July 26-27, 2022, the Biden Administration hosted a two-day virtual meeting with top trade officials from the 13 other partners of the Indo-Pacific Economic Framework for Prosperity (“IPEF” or “Framework”)—Australia, Brunei Darussalam, Fiji, India, Indonesia, Japan, the Republic of Korea, Malaysia, New Zealand, the Philippines, Singapore, Thailand, and Vietnam. This was the first ministerial...

  • Thinking of bringing your InsurTech idea down under?

    Australia has a vibrant InsurTech ecosystem and similarities between the UK and Australian insurance markets, together with the promise of sunny weather, make the land down under a great option for InsurTechs looking to set up shop abroad. In this article, in collaboration with the UK Department for International Trade, we share some things to...

  • Expanded Government Processing Times for Australian Visas

    Australia’s Department of Home Affairs (DHA) is experiencing longer-than-usual processing times for key employment-based visa categories, according to data released by the government. Specifically, expanded processing times have been recorded for the Subclass 482 Temporary Skill Shortage visa and the Subclass 400 Temporary Work (Short Stay Specialist) visa. The expanded processing times come amid

  • Constitutional (section 109) challenge to NSW laws requiring vaccination of health workers.

    Kikuyu v Hazzard (No 2) [2022] FCA 812 (on Federal Court of Australia) The applicant sought declarations that certain public health orders made by the first respondent (Minister), and a determination made by the second respondent (Secretary), are invalid. The sole ground advanced was that the State provisions authorising those instruments are inconsistent with Part 2 of Chapter 8 of the...

  • Hydrogen in Australia – The States of Play

    In May we published a legal update on the recent Australian federal election (here) and what a new Labor government may mean for the renewables industry in Australia. The note highlighted that no specific legislation was planned for hydrogen. Australia’s states have been more active in trying to jump on the hydrogen bandwagon. In our...

  • Déjà Vu: COVID-19 Outbreak on Princess Cruises Ship in Australia

    When I read the news this morning that a COVID-19 outbreak involving around one-hundred passengers and crew members occurred on the Coral Princess, Princess’s sister ship to the Ruby Princess which had one of the earliest outbreaks of COVID-19 in Australia two years ago, I felt as if I were trapped in a scene in...

  • Conduct: Online posting of images and messages.

    Medical Board of Australia v Lee (Review and Regulation) [2022] VCAT 667 (on AUSTLII). A medical practitioner has had his registration cancelled for conduct that was ‘outrageous’ and ‘far beyond the standards expected’ of the profession. Dr Lee admitted to making social media posts that were ‘utterly unacceptable’ and agreed that his conduct amounted to...

  • Knowles v Commonwealth: Covid measures.

    Knowles v Commonwealth of Australia [2022] FCA 741 (on AUSTLII) The pleadings in this matter alleged the invalidity of certain measures relating to Covid restrictions. The respondents (being the Commonwealth, the State of NSW, the State of Victoria and others successfully sought to have the claim struck out. The respondents discharged their burden of proving...

  • Double insurance (Australia)

    In this April 2022 judgement, the court reviewed and considered the doctrine of double insurance in the context of a motor vehicle accident claim where the third party insurer settled the claim and then sought a contribution from the insurer of the employer of the driver.  And the effect in that context on double insurance of...

  • Trade credit insurance and Sharia-compliant finance (Australia)

    This judgement dealt with a trade credit insurance policy issued by the insurer. Trade credit insurance is a business insurance product which indemnifies a seller against losses from non-payment of a commercial trade debt. The insurer usually pays an agreed percentage of an invoice or a receivable that remains unpaid because of protracted default, insolvency...

  • Broker’s liability to clients (Australia)

    This is an Australian case which concerns legal duties that a broker owes to its client (the insured) and the burden of proof that lies with the insured in showing whether brokers breached their legal duty. The broker provided the client with insurance brokerage services for over 30 years. The broker had obtained all-inclusive building...

  • More about the duty to mitigate loss (Australia)

    “The purpose of the principle that a party injured by the wrong of another must mitigate the Damage is to ensure that damages do not over-compensate for the wrong, not to empower the wrongdoer to frustrate a claim for reasonable compensation.  Therefore, the onus of establishing that the injured party has not mitigated their loss...

  • FDA Publishes Guidance on Oversight of Food Covered by SRAs

    On June 21, the FDA published a final guidance for FDA staff entitled “FDA Oversight of Food Covered by Systems Recognition Agreements” (SRAs). The guidance covers FDA’s regulatory oversight activities for food covered by SRAs between FDA and foreign regulatory counterparts. SRAs establish a regulatory partnership between the FDA and the Agency’s regulatory counterpart. At...

  • What are the amendments to the Model WHS Act and Regulations?

    The model Work Health and Safety Act (Model Act) and the model Work Health and Safety Regulations (Model Regulations) have recently been amended by Safe Work Australia (SWA). These amendments implement the agreed response by WHS Ministers in May 2021 (see our earlier blog article here) to the recommendations contained in the Marie Boland independent...

  • Modern slavery reporting series: Part 1 – introduction

    The beginning of 2022 has marked the commencement of the third reporting season under the Modern Slavery Act 2018 (Cth) (Act). All eligible entities operating on the Australian financial year should have submitted their second modern slavery statement by the end of December 2021. Those operating on a calendar financial year are due to submit...

  • Financial Firms and Crypto Networks Launch Initiatives; Nonprofit Challenges Crypto Tax Provision; Crypto Enforcement Continues; UST Analysis Published

    In this issue:• Firms Announce New Crypto Initiatives; Data Published on Crypto and NFT Use• Nonprofit Coin Center Files Lawsuit Challenging Crypto Provision of Tax Code• OpenSea and Chainlink Announce Network Transitions• SEC Investigates Stablecoins, Crypto Exchanges; DOJ Seizes Dark Market• Report Analyzes UST Collapse, Australia Reports Losses to Crypto Scams Firms Announce New Crypto...

  • Abuse: Insurance indemnity dispute.

    QBE Insurance (Australia) Limited v BB & Anor [2022] WASCA 61 (on JADE). The Court of Appeal (WA) considered an dismissed an appeal from an insurer, QBE, to hold it liable to indemnify a College Council in respect of a claim made against the College by a student BB. The policy governing QBE’s liability to...

  • ‘Mixed’ progress on food safety in Australia in past year

    Australia’s food safety report card for the past 12 months is “mixed,” according to the Food Safety Information Council (FSIC). There was a decline in reported Salmonella infections and a survey found fewer people are washing chicken. However, another poll revealed handwashing had decreased while poisonings continue to be recorded linked to wild mushrooms. The...

  • Aristocrat’s EGM Inventions Set for Showdown in the High Court

    On 10 March 2022, the High Court of Australia granted Aristocrat’s application for special leave to appeal the decision of a Full Bench of the Federal Court, which found its claims directed to an Electronic Gaming Machine (EGM) implementing a new ‘feature game’ to be ineligible for patenting under Australia’s ‘manner of manufacture’ test of...

  • Allergens still dominate but recalls drop in Australia

    Undeclared allergens accounted for almost half of Australian food recalls in 2021, according to FSANZ data. Figures from Food Standards Australia New Zealand (FSANZ) show 38 of the 80 recalls were because of allergens. Twenty were prompted by a consumer complaint and eight by routine government testing. The root cause for allergen recalls was mainly...

  • Division and Conversion – the Continuing Life of the Australian Innovation Patent

    In the Patents chapter of its recently-published 2022 IP Report, IP Australia provides the usual annual filing statistics for 2021.  According to the report, there were 23,371 Australian standard patent applications filed as National Phase Entries (NPEs) from international applications under the Patent Cooperation Treaty (PCT), 9,026 standard applications filed directly in Australia, making up...

  • Was RI Advice a watershed for cybersecurity law in Australia or a damp squib?

    In this article we distil critical lessons from the Federal Court’s recent decision in Australian Securities and Investments Commission v RI Advice Group Pty Ltd[1] and practical actions to be taken by Boards and executive management. Boards and organisations should assess their cybersecurity risk management activities in light of the decision and ask whether current...

  • Joint Chiefs of Global Tax Enforcement Issues Risk Indicators to Detect Illicit Financial Activity Involving NFTs

    On April 28, the Joint Chiefs of Global Tax Enforcement (the J5), a global joint operational taxation group consisting of Australia, Canada, Netherlands, United Kingdom, and the United States, issued an intelligence bulletin (Bulletin), enumerating its perceived dangers of non-fungible tokens (NFTs). NFTs, ERC-20, and Fungibility Cryptocurrencies and NFTs are similar in the sense that...

  • Joint Chiefs of Global Tax Enforcement Issues Risk Indicators to Detect Illicit Financial Activity Involving NFTs

    On April 28, the Joint Chiefs of Global Tax Enforcement (the J5), a global joint operational taxation group consisting of Australia, Canada, Netherlands, United Kingdom, and the United States, issued an intelligence bulletin (Bulletin), enumerating its perceived dangers of non-fungible tokens (NFTs). NFTs, ERC-20, and Fungibility Cryptocurrencies and NFTs are similar in the sense that...

  • Entitlement to indemnity and “Interests of Other Parties” clause (Australia)

    In this judgment the appeal court had to consider whether the claimant who owned goods damaged by fire at the insured’s warehouse premises was entitled to an indemnity under the relevant policy of insurance. The lower court held that on a proper construction of the “interests of other parties” clause in the policy as interpreted...

  • Conduct: Immediate action and public interest revisited.

    Following attention to this issue in NSW (under s 150 of the National Law in that jurisdiction), Lee v Medical Board of Australia [2022] WASAT 28 (on AUSTLII) focuses on similar issues under the Western Australian legislation (section 156). In the context of charges of domestic violence, the Tribunal considered the scope of public interest...

  • Nutricia infant formula tests positive for Cronobacter in Australia

    Nutricia infant formula has been found to contain Cronobacter after testing in Australia. A batch of KetoCal 3:1 was positive for Cronobacter spp. during testing at the border by customs officials. There have been no illnesses linked to the product, and the source of contamination is being investigated by the company. The implicated formula is...

  • Defamation: Chelmsford appeal.

    Herron v HarperCollins Publishers Australia Pty Ltd [2022] FCAFC 68 (on AUSTLII). Conducted over two years from 1988-1990, the Royal Commission into Mental Health Services, otherwise known as the Chelmsford Royal Commission, examined mental health services in New South Wales. The commission, chaired by Justice John Slattery, specifically focused on the practices of the Chelmsford Private Hospital.

  • Upcoming Online Conference on ‘Inventorship in Patent Law’

    On Monday 16 May 2022 the European Patent Office (EPO) is running an online conference on ‘Inventorship in Patent Law’.  It commences at 1.30pm Central European Summer Time (CEST), which is 9.30pm on the east coast of Australia (AEST), 9.00pm in South Australia, and a positively civilised 7.30pm in Western Australia.  It is, unfortunately, a...

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