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The news headlines are shouting the ground breaking penalty of $2.6 million imposed on the auto repair franchisor Ultra Tune Australia by the Federal Court last month.[i]   Of that amount $1.1 million was imposed for breaches of disclosure obligations under the Franchising Code of Conduct including about $900,000 specifically arising from breaches of the obligations relating to accounting and disclosing of marketing funds. 

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New Aged Care Quality Standard 8 states that an Approved Provider’s governing body is accountable for the delivery of safe and quality care and services.  In this podcast Alison Choy Flannigan (formerly Holman Webb), Brendan Moore (LASA), Catherine Maxwell (Governance Institute) and Rueben Sakey (IRT) discuss the responsibilities of the Board of an Approved Provider, what is required to prove compliance with the new governance standard and a case study on improving governance. This Podcast is particularly relevant in light of the Royal Commission into Aged Care Quality and Safety.

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The January 2019 edition of our Body Corporate Newsletter highlights the rights and obligations of the Body Corporate and lot owners in maintaining common property and rights in relation to access for investigation and repair. Read the latest newsletter for details

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Approved Providers will be assessed against the New Aged Care Quality Standards from 1 July 2019. In this podcast Alison Choy Flannigan (formerly Holman Webb), Brendan Moore (LASA), Catherine Maxwell (Governance Institute) and Rueben Sakey (IRT) discuss what is different. It includes a case study on new Standard 3 concerning Personal care and clinical care and some of the challenges in proving compliance. This Podcast from Holman Webb and LASA is particularly relevant in light of the Royal Commission into Aged Care Quality and Safety.

Podcast: Let’s Talk about the New Aged Care Quality Standards

Holman Webb Lawyers and LASA (Leading Aged Services Australia) 2018 

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On 21^st January 2019,  France’s data protection regulator, CNIL fined Google 50 million euros (AUD $80 million) for breaches of the European Union’s General Data Protection Regulation (GDPR).

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Bruce v Apex Software Pty Limited t/as Lark Ellen Aged Care [2018] NSWCA 330

 

Case Summary

1. Introduction
   • This Court of Appeal decision reaffirms that a reasonable response to a risk of harm (in this case a 10-20mm height differential in a car park surface), even by an occupier of commercial premises, may be to do nothing.
2. Facts
   • The Plaintiff tripped outside the entrance to an aged care facility operated by the Respondent. The Plaintiff tripped in the carpark area, the surface of which consisted of large, flat concrete slabs boarded by rows of red bricks.  There were height differences of 10‑20mm between the edges of the concrete and brick pavers, which had likely been present since 2000 or earlier.  Current employees of the Defendant gave evidence that they had not received any complaints about the surface or reports of any falls going back as far as 1998.  An assistant nurse undertook twice-yearly inspections to identify safety risks, and did not consider there to be a trip hazard as she considered the height differentials to be minimal.
3. Section 5B of the Civil Liability Act 2002 (NSW)
   • Section 5B of the CLA states that:

“(1)       A person is not negligent in failing to take precautions against a risk of harm unless:

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The November 2018 edition of our Body Corporate Newsletter showcases a recent case of alleged defamation that took place in a body corporate meeting and the resultant claim for damages. Read the latest newsletter for the details

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Christmas is around the corner, which means retailers are getting ready for the busiest period of the year. What better time for a quick refresher on some consumer law issues? Here are a few tips to make sure Santa (the ACCC) doesn’t bring you a lump of coal (an infringement notice).

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