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New Data Sharing and Release Bill Issues Paper is currently open for Consultation

The Australian Government has released an issues paper outlining key principles that will guide the creation of proposed new legislation around the sharing and use of government data.
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When is a request for access to government information unreasonable?

Members of the public are entitled to make an application to access government information. This right is prescribed in the Government Information (Public Access) Act 2009 (NSW) (GIPA). 
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Be the Change You Seek – Your Essential Guide to the 2018 Review of the General Insurance Code of Practice Final Report

On 26 June 2018, the Insurance Council of Australia (“ICA”) released its Review of the General Insurance Code of Practice final report (“the Final Report”).
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Taking the bite out of section 59A

Section 59A of the Workers Compensation Act 1987 disentitles workers to ongoing medical or related treatment after they cease to be entitled to weekly payments. However, the recent Presidential decision in Pacific National Pty Limited v Baldacchino [2018] NSWWCCPD 12 puts the operation of that section in a spin with Deputy President Snell determining that a knee replacement is exempt.
Blog

Water tight? The Queensland District Court considers the effect of a flood exclusion clause

The Queensland District Court recently considered the effect of a ‘flood exclusion clause’ arising out of the 2011 Brisbane floods.
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Child Sexual Abuse: all states now on board for National Redress Scheme due to start on 1 July 2018

In June 2018, the Commonwealth Redress Scheme for Institutional Child Sexual Abuse Bill 2017 (“the Bill”) was passed, establishing the National Redress Scheme for Institutional Child Sexual Abuse (“the Scheme”).
Blog

Why is my inbox filled with Privacy Policy updates?

A new General Data Protection Regulation (GDPR) has commenced in the EU.
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Can a solicitor’s lien preserve a statute-barred action?

Solicitors have long been entitled to assert a lien over a client’s property where the property is held as security, until the client has paid the solicitor’s fees and disbursements.
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Drowning in forms – Australian visas and the importance of lodging the right documents

A simple mistake, or forgetting to lodge even one small document, can have dire consequences for visa applicants.
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When is that which occurred not an “Occurrence”?

In the recent case of Weir Services Australia Pty Ltd v AXA Corporate Solutions Assurance [2018] NSWCA 100, the NSW Court of Appeal looked at the meaning of “Occurrence” in a policy wording in the context of the distinction between the damage that occurred and what caused that damage to occur.
Blog

Assumed disability discrimination – a tricky path to navigate

Employers need to tread extremely carefully when they suspect an employee may be suffering from a mental illness – acting too hastily, even in compliance with policy, may expose you to a finding of discrimination.
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Update on the 2016-2017 Annual Report of the Foreign Investment Review Board

On 8 May 2018, the Foreign Investment Review Board presented their 2016-2017 annual report to the Treasurer.
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Claims directly against third party insurers – the application of the “leave” requirement tested

The Courts continue to be presented with opportunities to consider and apply the relatively new and importantCivil Liability (Third Party Claims Against Insurers) Act 2017 (NSW).
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Those who stand and wait also serve: Rights of employers to suspend or place employees on gardening leave when the contract of employment is silent

It has long been thought that employers need to spell out in their contracts (or for it to be implied from other clauses) that they have a right to suspend or place an employee on gardening leave.
Blog

Why can’t you get an x-ray for a psychological injury? Well, maybe you can…

If a person rolls her/his ankle and a fracture is suspected, the doctor will refer for an X-Ray to confirm.

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