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Releasing the hounds – Defining ‘recreational activity’

Horse racing may be the ‘sport of kings’, but greyhound racing can still hold court.  
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Rethinking unfair preferences through echoes of the past

Before being placed into voluntary administration, Eliana Construction and Developing Group Pty Ltd (Company) and Mad Brothers Earthmoving Pty Ltd (Mad Brothers) executed a settlement agreement in which the Company agreed to pay Mad Brothers $220,000 for a debt the Company owed Mad Brothers. A payment of $220,000 (Payment) was made to Mad Brothers by Rock Investments Pty Ltd (Rock) from a loan facility Rock had with Nationwide Credit Pty Ltd.  
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When is an injury not an injury?

Hicksons was recently successful in a Presidential Appeal in the Workers Compensation Commission, confirming that Arbitrators need to determine “the nature of an injury”. 
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Signed, attached and emailed: The court’s take on electronic signatures and recent temporary COVID-19 amendments to the Corporations Act regarding electronic execution

As part of the response to the COVID crisis, temporary measures have been introduced to facilitate the electronic execution of documents. In this blog we consider whether those measures would have changed the decision in the Bendigo Case and the extent to which they are likely to remain temporary.  
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Does a discrimination claim prevent you from later getting workers compensation? Court of Appeal says no…

On 23 July 2020 the NSW Supreme Court of Appeal handed down the decision of Gardiner v Laing O’Rourke Australia Construction Pty Limited [2020] NSWCA 151. It involved a worker who had complained to the Anti-Discrimination Board about his employer, received a payment of money, and later claimed workers compensation for psychological injury. The Court considered whether that was permissible.
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Physical Commencement in the time of COVID – the what and when

Some developers are turning their minds to preserving their development consents (Consent) during the pandemic by “physically commencing” the approved project.
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Regular international travel to Australia is forecast to recommence on 1 January 2021

Hicksons Partner and Registered Migration Agent, Najeh Marhaba, noted the budgetary assumptions contained in today’s Economic Update delivered by Treasurer Josh Frydenberg that regular international travel to Australia will commence on 1 January 2021.
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Student visa (subclass 500) application processing resumes

Hicksons Partner and Registered Migration Agent, Najeh Marhaba, has welcomed the announcement that the Federal Government has resumed processing of student visa (subclass 500) applications.
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You need to lift big to gain big (damages)

Powell v JFIT Holdings t/as New Dimensions Health and Fitness Centre - [2020] NSWDC 264  
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Demise of the Phoenix – new identification requirements for directors

In recent years, the Commonwealth Government has made efforts to deter and penalise phoenix activity in order to protect those who are negatively affected.  One of those efforts is the DIN requirement for directors, which is poised to disrupt phoenixing and deliver additional benefits.
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Win for insurers short-lived: NSW Court of Appeal overturns approach for addressing claims for luxury replacement vehicles

On 27 September 2019, we provided an update on the developments in the law relating to the vehicle hire industry, particularly exorbitant claims by plaintiffs for prestige (or luxury) replacement vehicles following vehicle accidents negligently caused by others.  A very recent NSW Court of Appeal decision has altered this position and we discuss the implications of the decision for the vehicle hire industry and insurers, below.
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How will the Annual Wage Review impact your business?

The Fair Work Commission has recently handed down its decision on the Annual Wage Review 2019–20. The national minimum wage will increase by 1.75%.
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Major change for NSW developers in relation to serious building defects

The Residential Apartment Buildings (Compliance and Enforcement Powers) Act 2020 (NSW) passed swiftly through the NSW Parliament and was assented to on 10 June 2020.  This is part of the government’s response on buildings that may have serious defects, including non-complaint cladding or buildings with Mascot Towers type issues.  
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NSW nominations open on 15 June for the Skilled Work Regional (Provisional) visa (subclass 491)

Hicksons Partner and Registered Migration Agent, Najeh Marhaba, has welcomed the announcement of the opening of NSW nominations for the Skilled Work Regional (Provisional) visa (subclass 491). This visa is for up to 5 years and provides a pathway to permanent residency.
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Dangerous Recreational Activity

The treacherous path involved abseiling 10m down a sheer rock face and walking barefoot on wet rugged terrain and tidal rocks. While walking across a 30cm rock platform with a 4m drop, Ms Nihil slipped and fell. She was air-lifted to Royal North Shore Hospital having suffered injuries to her toes, feet and heels. After 3 months in a wheelchair, she was fortunately able to ambulate once again but continued to suffer ongoing impairment which she said brought her modelling career to a premature end.

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