Tag Archives: Gadens Lawyers

ILN Today Post
October 7, 2011

Oil Basins rises from the ashes?

By gadens

Westport Insurance Corporation & Ors v Gordian Runoff Limited [2011] HCA 37

By Jessica Kinny and Greg Moss of Gadens Lawyers, Sydney

On 5 October 2011, the High Court of Australia (HCA) handed down its decision inWestport Insurance Corporation & Ors v Gordian Runoff Limited[1].  By majority joint judgment, Chief Justice French and Justices Gummow, Crennan and Bell set aside the earlier arbitral award on the basis of a manifest error of law within the meaning of section 38(5)(b)(i) of the Commercial Arbitration Act 1984 (NSW) (the Arbitration Act)[2]. read more…

 

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ILN Today Post
October 6, 2011

That’s not reasonable! So what is? Managing misconduct under the microscope

By gadens

A recent decision of the Administrative Appeals Tribunal is a timely reminder of the importance of acting reasonably in managing employee misconduct.  In the case, the tribunal emphasised that managers should not blindly follow a policy or procedure but must turn their minds to the particular circumstances to determine what is reasonable.  read more…

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ILN Today Post
October 6, 2011

Are you getting the flexibility you are looking for?

By gadens

A recent prosecution by the Fair Work Ombudsman has demonstrated the strict compliance requirements associated with the use and implementation of an individual flexibility arrangement in an employer’s business.  read more…

Posted in Asia Pacific | Legal Updates
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ILN Today Post
October 6, 2011

Common sense prevails at Fair Work Australia

By gadens

In a decision which will bring comfort to employers, Fair Work Australia has found that employees should not have to be taught ‘common sense’ in finding that the dismissal of an employee was not unfair.  read more…

Posted in Asia Pacific | Legal Updates
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ILN Today Post
September 14, 2011

Divide by three – APRA turns twelve prudential standards into four

By gadens

Divide by three – APRA turns twelve prudential standards into four

By Greg Moss, Gadens Lawyers, Sydney

Following its December 2010 consultation package, the Australian Prudential Regulation Authority (APRA) has released four prudential standards, intended to consolidate 12 existing standards across the authorised deposit-taking, general insurance and life insurance industries. read more…

 

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ILN Today Post
September 8, 2011

Life Sciences Update

By gadens

Lessons from Wallace v Ramsay Health Care

By Jessica Kinny and Wendy Blacker of Gadens Lawyers, Sydney

A medical practitioner’s duty to warn their patient of the risks associated with a procedure is well known in the medical field and is supported by a clear and consistent line of authority[1].  Despite this, a common feature of medical malpractice is miscommunication with the patient.  read more…

 

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ILN Today Post
September 5, 2011

Regulation & Compliance Update

By gadens

KFS Regulations made and PPS commencement delayed

By Jon Denovan of Gadens Lawyers, Sydney

The Regulations for Home Loan Key Fact Sheets (KFS) were made on 1 September 2011.  Home loan lenders will generally need to provide KFSs from 1 January 2012.  In other news, it appears likely that the Personal Property Security Regime is likely to be postponed until 1 March 2012.  read more…

 

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ILN Today Post
September 2, 2011

Competition and Consumer Law Update

By gadens

Competition and consumer news

By Merridy Woodroffe of Gadens Lawyers, Sydney

A week of interesting court decisions under the Competition and Consumer Act 2010 (Cth) (CCA).

  • Cartel whistleblower immunity does not necessarily confer anonymity
  • Narrow market definition stymies ACCC’s attempt to thwart Metcash bid for Franklins.  read more…

 

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ILN Today Post
August 31, 2011

Intellectual Property Update

By gadens

Louboutin sees red: signature red sole shoes not protected against copyright and trade mark infringement

By Alexia Marinos of Gadens Lawyers, Sydney

Nowadays, it seems common to see women of all ages strutting around the city with red soled shoes.  For some people, seeing red soled shoes means nothing.  However,  the fashion savvy  will be quick to recognise  that the owner has probably paid a small fortune for their shoes, produced by exclusive French designer, Christian Louboutin.             read more…

 

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ILN Today Post
August 31, 2011

Property Update

By gadens

Progress towards e-conveyancing

By Chris Fabiansson of Gadens Lawyers, Sydney

A new project has been launched designed to streamline conveyancing procedures through the use of an online system.  The initiative is called ‘PEXA’ (Property Exchange Australia) and is projected to be operational nationwide in 2012.  read more…

 

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