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A Proprietary Interest is Golden
15 April 2021 | Insurance & Health LawIn this case a solicitor and senior counsel were found negligent for failing to give their client advice with due care and skill when recommending that the client terminate an agreement. In reaching its determination, the Court considered the significance of recommending termination was not...
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Promissory notes or broken promises? Misleading and deceptive conduct regarding financial products
6 April 2021 | Insurance & Health LawThe Plaintiff invested $1 million in unsecured promissory notes with Mayfair Group, which were repayable after three months (subject to caveats). Due to the onset of the COVID 19 pandemic, Mayfair Group elected not to repay the promissory notes. The Plaintiff commenced proceedings against the...
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A Source of Hope Yet a Test of Faith; Can Health Practitioners Conscientiously Object to the COVID-19 Vaccines?
18 March 2021 | Insurance & Health LawAHPRA and the National Boards’ joint position statement on the COVID-19 vaccines strongly implores all health practitioners to be vaccinated during the rollout. For practitioners who have a conscientious objection to the vaccine, we discuss how they are currently permitted to raise this objection,...
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Financial Product Advice – This time it’s personal
2 March 2021 | Insurance & Health LawThe High Court considered an appeal from a judgment of the Full Court of the Federal Court of Australia. The appellants (collectively ‘Westpac’) had given financial product advice to superannuation fund members over the phone and advised each to roll over their external superannuation accounts...
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Fairfax falters with Honest Opinion Defence
12 February 2021 | Insurance & Health LawIn this decision the Federal Court of Australia considered the criteria for the defence of honest opinion in the context of allegedly defamatory imputations published in the Australian Financial Review, and whether the publisher’s conduct was...
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The continuing evolution of defamation law in Victoria
30 November 2020 | Insurance & Health LawFor some time now, defamation legislation has been a hotly debated area in the wake of numerous high profile claims and the increasingly widespread use of social and electronic communications. This prompted a review in July 2020 which resulted in the...
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