Unfair or not-Unfair… that is the Question
On 9 November 2023, the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (Cth) (the Act) came into effect. As a result of the Act, there are now significant changes to the unfair contract terms (UCT) regime, which grants the Australian Competition and Consumer Commission (ACCC) new powers to enforce the UCT laws (UCT Regime). The extended […]
Surveillance And CCTV In Aged Care Facilities And Retirement Villages
Following the revelations of the Royal Commission into Aged Care Quality and Safety, and noting the particular emphasis of the Commissioners on the topics of elder abuse and restraint, the use of surveillance devices and CCTV in both Residential Aged Care Facilities (RACF’s), and Retirement Villages, is an issue which has become increasingly controversial and […]
Force Majeure – Contracts In The Age Of Covid-19
Since the start of the COVID-19 pandemic, the various Australian State and Territory economies have faced unprecedented disruption, uncertainty and periods of lockdown. Throughout 2020 and early 2021, NSW was hailed as the ‘gold standard’ of pandemic response. The majority of its businesses, and contractual relationships, survived the initial onslaught and rebounded strongly. However, COVID-19’s […]
Resident Privacy – Provider Rights And Obligations
Whilst it is standard practice for Aged Care Providers (Providers) to collect information about their residents in order to provide them with care, Providers should be mindful of the manner in which they collect and disclose any personal, sensitive or health information of their residents. What Types of Information Can Be Collected? Currently, Providers collect […]
Are you prepared? The new aged care serious incident response scheme
In June 2020, the Australian Government announced that an Aged Care Serious Incident Response Scheme (SIRS) would commence in June/July 2021. However, following the recommendations made by the Aged Care Royal Commission in its COVID-19 Special Report, released in October 2020, the timeline for SIRS has been brought forward to April 2021. This announcement comes […]
When Is Good Faith Enough Faith To Defeat Unfair Preference Claims
Due to COVID-19, the Federal Government implemented several measures to assist companies’ longevity and sustainability of its business. Many commentators have suggested that those measures have kept many insolvent companies afloat, but are likely to go into liquidation once these measures cease. As a wave of liquidations is forecasted by many in the insolvency industry, this […]
COVID-19 Update Part III: Transitioning Out Of COVID-19 Restrictions
This update is the third part in the BBW Lawyers’ series considering the COVID-19 crisis and its effects on Commercial Law, and Legal and Debt Recoveries. The first part of our series provided a summary of the temporary measures implemented by the Federal government: see COVID -19 -Effects on Legal and Debt Recoveries Part 1. The second […]
UCPR 14.12 Pros And Pitfalls
R 14.12 of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR) (all references are to the UCPR unless otherwise stated) allows for a Statement of Claim to be pleaded in short form in certain money claims. Pros – may increase efficiency: To plead facts in short form, the pleading must simply include one of the phrases contained in […]
Setting Aside Default Judgments – To Consent Or To Oppose, That Is The Question
The Local Court of NSW is inundated with motions to set aside default judgments from defendants often claiming that service was not effected, or that first time the judgment was brought to their attention was when the plaintiff sought to enforce the judgment. When presented with a motion to set aside a default judgment, a […]
Covid-19 Update Part II: Witnessing Documents In Isolation
This update is the second part in the BBW Lawyers’ series considering the COVID-19 crisis and its practical effect on commerce in Australia. The first part of our series provided a summary of the temporary measures implemented by the Federal government following the Coronavirus Economic Response Package Omnibus Act 2020 and points of consideration to assist creditors […]
COVID-19 – Effects On Legal And Debt Recoveries
Firstly, from all the team here at BBW Lawyers, we hope you, your families and your team, are safe and well. The spread of coronavirus (COVID-19) in Australia has led to some drastic measures being taken by the Federal and New South Wales governments, including but not limited to the implementation of certain temporary measures […]
Preparation For The Pandemic
The effects of Covid-19, more widely referred to as coronavirus, are being experienced worldwide, with new cases reported daily. Today’s declaration by the World Health Organisation of the coronavirus as a pandemic, coupled with the Federal Government’s announcement of targeted funding to both combat the virus and bolster the Australian economy, indicate the real seriousness […]
Small Claims Increase: Big Commercial Implications
The Change To most, the increase to the monetary-jurisdictional limit of the Small Claims Division passed inconspicuously into law late February 2019, expanding from $10,000.00 to $20,000.00. Claims between $10,000.00 and $20,000.00, previously commenced in the General Division, are now to be brought in the more informal Small Claims Division; matters once exclusively heard before […]
Royal Commission into the Disability Sector – Letters Patent and Terms of Reference Released
The Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability has now formally commenced, with the final Letters Patent and Terms of Reference released. This follows the announcement of the Commission by Prime Minister Scott Morrison on 5 April 2019 that the Governor-General’s signing of the Letters Patent signified the commencement of […]
Unfair Contract Terms
The Australian Competition and Consumer Commission (ACCC) recently initiated proceedings against, Mitolo Group Pty Ltd, Australia’s largest potato wholesaler, and its related entity, for alleged unfair contract terms with its farmers. The alleged unfair terms, in its standard form contracts, include: 1. unilaterally determining or varying the price of potatoes that customers pay ; 2. declaring potatoes […]
Know Your Wages And Super Obligations
Under the Fair Work Act 2009 the maximum remuneration an employee can receive and still bring an unfair dismissal claim will increase to $145,400 from 1 July 2018. The threshold applies to an employee’s annual rate of earnings and includes wages, any amounts applied or dealt with on the employee’s behalf and the agreed value […]
Section 11A(1) Defence – The Importance of Medical Evidence.
In order for an employer to succeed in a defence based on s.11A(1) of the 1987 Act it must demonstrated the injury was “wholly or predominantly” caused by reasonable action taken, or proposed to be taken, with respect to the actions specified in the section. The decision in Hamad v Q Catering Limited [2017] NSWWCCPD 6 (15 March […]
Recoveries ‘Chopped’ by Chopper Case
In a 2017 decision of Southwest Helicopters Pty Ltd v Stephenson, the New South Wales Court of Appeal held that if any negligence attaches to an employer, that employer is precluded from recovering WC payments from 3rd party tortfeasors even if the third party carries a vastly higher share of liability. This interpretation of s.151Z […]
Personal Property Securities Register Seven Year Anniversary
January 2019 marks the seven (7) year anniversary of the Personal Property Securities Register (PPSR). This means all businesses that have made seven-year registrations, being the most common registration period, will find their registrations expiring from 30 January 2019. The Personal Property Securities Act 2009 (Cth) is a multi-faceted piece of legislation, and one of the things […]
Corporations – Admissibility of books in evidence
Section 1305 of the Corporations Act 2001 (Cth) (the Act) provides that ‘books’ kept by a company under a requirement of the Act are prima facie evidence of the matters they record. A recent decision by the Supreme Court of Western Australia determined that financial information maintained by companies, in electronic form, may be admitted […]