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Permanent Impairment: Is your assessor...

In New South Wales, the State Insurance Regulatory Authority (‘SIRA’) provides Guidelines for the Evaluation of Permanent Impairment in Workers Compensation claims. The purpose of the Guidelines is to ensure trained medical assessors consistently provide objective, fair and consistent assessments of permanent impairment.

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Firm News

Hicksons Lawyers recognised in the 2025 Edition...

Hicksons is delighted to share that a number of our lawyers have been acknowledged in the 2025 Edition of Best Lawyers in Australia.  

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Media

Tech Day: AI-Washing - A new wave of ethical...

“AI is the technology and innovation of our time. We should ensure it is able to prosper without being thwarted by the misleading behaviour of the minority.”

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BEWARE: Broader application and increased penalties, do your contracts comply? – Amendments to the Unfair Contracts Terms Regime

BEWARE: Broader application and increased penalties, do your contracts comply? – Amendments to the Unfair Contracts Terms Regime

There is now less than 5 months until the amendments to the Unfair Contracts Terms (UCT) regime under the Australian Consumer Law (ACL) come into force. On 9 November 2023, the new UCT regime will apply to a significantly broader range of contracts than ever before. Businesses should beware, even if the current regime does not apply, the new UCT may apply. Australian businesses should review and update their standard form contracts to ensure they comply with the new UCT regime to avoid the new significant penalties which can include a substantial pecuniary (monetary) penalty.
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Un-happy Holidays Part 3 & 4

Un-happy Holidays Part 3 & 4

Ever wondered how a Supreme Court Justice might describe you or your evidence?  
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Un-happy Holidays Part 1 & 2

Un-happy Holidays Part 1 & 2

Are you inspired by the spirit of giving this festive season? There are number of ways charitable bequests might be impacted by a contested estate dispute, but there are also steps that can be taken to bolster the chances of a gift succeeding.
Blog
How to protect yourself against Construction Company insolvencies.

How to protect yourself against Construction Company insolvencies.

Entering into a contract to build a new home for a fixed price would seem, at least on the surface, to be the easiest and most stress-free way to get yourself a brand-new home...  
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Recent developments to mandatory examinations: Things you should know.

Recent developments to mandatory examinations: Things you should know.

Under section 596A of the Corporations Act 2001 (Cth), an eligible applicant can apply to the Court and the Court can, in turn, summon an officer of a company under external administration for examination about the company’s affairs.

  • 9 Mar 2022

Blog
Company fails to set aside creditor’s statutory demand for payment of debt when application filed late

Company fails to set aside creditor’s statutory demand for payment of debt when application filed late

During 2020, the Commonwealth Government introduced restrictions on the issuing of creditor’s statutory demands for payment of debt to debtor companies, increasing the threshold for debts from $2,000 to $20,000 and the time for compliance from 21 days to 6 months.
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Did you really pay? Who is liable for payment in an invoice redirection scam?

Did you really pay? Who is liable for payment in an invoice redirection scam?

According to the ACCC, Australian businesses lost over $132 million to business email compromise scams in 2019. One example is the invoice redirection scam, which can involve a fraudster hacking into the system of the supplier or intercepting emails and sending altered invoices to customers with different banking details. Payments made to these accounts are likely never recoverable. With work becoming increasingly digital, it is imperative for businesses to protect themselves and their customers from such scams.
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‘When was the payment claim served?’ - An expensive lesson in properly serving documents

‘When was the payment claim served?’ - An expensive lesson in properly serving documents

The Building and Construction Industry Security of Payments Act1999 (The Act) is a relatively short Act that has created more than its fair share of litigation since its introduction.
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Company fails to avoid liquidation by appointing last minute administrators

Company fails to avoid liquidation by appointing last minute administrators

During 2020, the Commonwealth Government introduced restrictions on the issuing of creditor’s statutory demands for payment of debt to debtor companies, increasing the threshold for debts from $2,000 to $20,000 and the time for compliance from 21 days to 6 months.
Blog
Proportionate Liability Regime: NSW Supreme Court clarifies how to properly identify potential concurrent wrongdoers

Proportionate Liability Regime: NSW Supreme Court clarifies how to properly identify potential concurrent wrongdoers

Since the introduction of the proportionate liability regime in the Civil Liability Act 2002 (NSW) over 15 years ago, there has been a series of cases which have contributed to how the regime operates, including in the High Court of Australia decision of Hunt & Hunt Lawyers v Mitchell Nominees[2013] HCA 10.
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NCAT has jurisdiction to deal with disputes where a party temporarily moves outside of New South Wales

NCAT has jurisdiction to deal with disputes where a party temporarily moves outside of New South Wales

The appellant, Ms Anagnostou and the respondent, Ms Leo were parties to a residential tenancy agreement under the Residential Tenancies Act 2010 (NSW) (‘Agreement’).
Blog
Compliance is essential for winding up applications during COVID

Compliance is essential for winding up applications during COVID

Late in 2020, In the matter of Ryals Hotels Pty Ltd [2020] NSWSC 1906, the Supreme Court of New South Wales was required to examine various restrictions brought into support businesses through the COVID period and what impact they had on an application by a landlord to wind up a commercial tenant.
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Landlord’s attempt to avoid COVID restrictions for commercial tenant a costly exercise

Landlord’s attempt to avoid COVID restrictions for commercial tenant a costly exercise

During 2020, as part of the National Cabinet’s response to COVID-19, a number of measures were put in place to assist businesses to continue to trade including:
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NSW Court of Appeal considers evidence of value for Quantum Meruit claims

NSW Court of Appeal considers evidence of value for Quantum Meruit claims

On 2 December 2020, the Supreme Court of NSW – Court of Appeal, delivered judgment in the matter of Roude v Helwani [2020] NSWCA 310 and, in a decision that is important to the ability of builders and contractors to pursue claims over amounts in smaller jurisdictions, the Court of Appeal has confirmed that it is not necessary to incur the costs of obtaining an expensive independent expert report in order to succeed in a claim in quantum meruit.
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Being broke won't avoid a costs order

Being broke won't avoid a costs order

The High Court of Australia recently allowed an appeal from the Court of Appeal of the Supreme Court of the Northern Territory. The decision confirmed that normally costs follow the event and held that impecuniosity of the unsuccessful party is not a basis to change that.  
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