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High stakes for organisational heads as Victoria introduces new requirements as part of reportable conduct scheme

…the Commission within 3 days, and further communication at 30 days post allegation. Following an investigation under the Scheme, the findings and outcome will be reported to the Commission. Findings…

Crowd-sourced funding for start-ups and SMEs – offering shares to retail investors

…CSF company Only a CSF company can make a CSF Offer. An eligible CSF company: (i)is an unlisted public company limited by shares (and not an investment company); (ii) does…

Unfair Contract Terms: Not if but how

…proposes that, in addition to the general unfairness test applicable to other contract types, a specific test be added which provides that a term will be reasonably necessary to protect…

Credit reporting regime under the Privacy Act has a new bite

…place a complaints handling process which enables patients to report non-compliance with the credit reporting regime. Dentists need to acknowledge the complaint within seven days and provide a response within…

Regulation of Education and Care Providers: the Department of Communities in WA takes a stricter approach to compliance actions

Key takeaways The Education and Care Regulatory Unit of the Department of Communities (Department) is displaying a stricter approach in implementing compliance actions. Specifically, the Department is seeking penalties under…

Clipping the wings of phoenix activity: New requirements for resigning directors

New laws came into effect on 18 February 2021, under the Treasury Laws Amendment (Combating Illegal Phoenixing) Act 2020 which provide that a company director will not be able to…

Sector

Meridian Lawyers is a leading national law firm with offices in Brisbane, Canberra, Melbourne, Newcastle, Perth, and Sydney. We are committed to finding solutions and delivering value: one challenge, one…

Sparks v Hobson; Gray v Hobson [2018] NSWCA 29: Is this a prelude to the expansion of the peer professional opinion defence in NSW?

…Court of Appeal judges agreed. Basten JA agreed, commenting that by reformulating the language of the section from “competent professional practice” to simply “a practice”, leads to an overly narrow…

Insurance Broker Remuneration – 5 Legal Considerations  

  1. Commission Documentation Brokers should ensure that all commission, remuneration and financial benefit arrangements with insurers is appropriately documented to include: review process dispute process for conflict about remuneration…

Payroll tax concerns for medical and allied health practices

test of Revenue authorities’ push to impose payroll tax on this type of structure was in the Victorian Supreme Court in Commissioner of State Revenue (Vic) v The Optical Superstore…

Surgery does not, of its own, transform a threshold injury into a non-threshold injury under MAIA

…delegate of the President of the Commission. Consequently, the Plaintiff sought judicial review of the further medical assessment and the decision of the delegate. He argued, among other things, that…

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