Lessons from 12 months of notifiable data breaches in Australia
The notifiable data breach regime under the Privacy Act 1988 (Cth) has now been in place for a little over 12 months. Earlier this week the Office of the Australian Information Commissioner released a 12-month Insights Report which contains some interesting statistics and observations. Statistics – notifiable data breaches Extrapolating from the full-year statistics for […]
ReadmoreEconomic duress – what it is, and what it is not
Customers in disputes with their lender often raise economic duress in circumstances where a lender attempts to take enforcement action. The potential ramifications are significant because a successful claim of economic duress can render the relevant agreement voidable. However economic duress is not simply the application of economic pressure applied by one contracting party over […]
ReadmoreThe risks of discontinuing: a look at the High Court’s decision in UBS v Tyne
The recent High Court decision of UBS v Tyne [2018] HCA 45 concerned circumstances where an original trustee of a trust discontinued proceedings in the Supreme Court of New South Wales, then almost 2 years later a subsequently-appointed trustee of the same trust commenced fresh proceedings in the Federal Court raising, in substance, the same claims against […]
ReadmoreBorrowers punished for behaving unconscionably in taking advantage of a lender’s mistake
The New South Wales Supreme Court decision of Citigroup v Wernhard [2019] NSWSC 132 considers whether certain conduct by the borrowers was unconscionable (as against a lender). Borrowers sold one of three properties that was held as security for loans to them, but the lender mistakenly released mortgages over all three. The borrowers noticed the mistake, subsequently sold […]
ReadmoreEmployment Lifecycle Series | Managing employees’ poor performance
You have successfully recruited the right candidate and prepared the new recruit for success through your effective and structured induction program. Unfortunately, employees do not always perform to the standard that is required or expected, or you may receive a complaint about an employee regarding an incident which can be regarded as misconduct. At this […]
ReadmoreProvider registrations by the NDIS Commission
In order to successfully obtain provider registration through the NDIS Commission, disability service providers must: Comply with the new conditions of registration and the NDIS Practice Standards; Complete a self-assessment against the NDIS Practice Standards; Complete an audit against the NDIS Practice Standards by a certified auditing body; Comply with the new NDIS Code of […]
ReadmoreSeven Year Hitch – PPSR turns 7 years old
On 30 January 2012 the “Personal Property Securities Register” (PPSR) commenced operations. The PPSR is an electronic register of security interests which was established under section 147 of the Personal Property Securities Act 2009 (Cth) (PPSA). This commencement date of 30 January 2012 means that on 30 January 2019 the PPSR turned seven years old. […]
ReadmoreNDIS Quality and Safeguards Commission, what will it mean for providers and participants in residential aged care?
Background to the NDIS Commission The NDIS Commission is intended to improve the quality of NDIS services by implementing national legislation that eliminates duplication across the registration and quality assurance of NDIS providers. As the NDIS Commission is rolled out across the country, multijurisdictional providers may find themselves holding registrations under the NDIS Commission […]
ReadmoreBanks to take extra care with vulnerable customers
The new Banking Code of Practice, which commences on 1 July 2019, requires member banks to train their staff to take extra care with vulnerable customers, by acting with sensitivity, respect and compassion.
ReadmoreNot registering on the PPSR against an ACN CAN cause headaches
Yoni Baker, Lawyer, Melbourne In the recent case of IBM Global Financing Australia v Applied Business Technology Pty Ltd [2018] NSWSC 1984, corrupted internal procedures led to a number of registration errors on the Personal Property Securities Register (PPSR). Whilst relief was ultimately granted, the case is useful for highlighting the extensive time, effort and […]
ReadmoreCommon PPS Registration errors – what to do about them
The most common way for secured parties to perfect their security interests in personal property is by registration on the Personal Properties Securities Register. Download our process guide for details: Authored by: James Roland, Partner Clementine Woodhouse, Associate
ReadmoreDeath and taxes – one’s really going to hurt
As you will be aware, between February and May each year, the State Revenue Office issues land tax assessments for the calendar year to Victorian land owners (except where all landholding is exempt). The 2019 land tax assessment assesses landholdings owned by a land owner as at midnight on 31 December 2018. With property prices […]
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