Holman Webb is pleased to announce that eight lawyers have been included in the 2023 Edition of The Best Lawyers in Australia, and Best Lawyers: Ones to Watch in Australia.

Readers may recall Holman Webb’s September 2021 article ‘The Future of Artificial Intelligence - Can AI invent software?’, which reported on a landmark judgement by Justice Beach of the Federal Court in the matter of Thaler v Commissioner of Patents [2021] FCA 879, which determined that under Australian law, artificial intelligence could be listed as the inventor in relation to an application for a patent. 

Readers may also recall that the Commissioner of Patents appealed that decision.

That decision has now been overturned by the Full Court of the Federal Court, in a unanimous judgement which brings Australia into line with most other jurisdictions around the world.

The NSW Government has recently proposed the State Insurance and Care Legislation Amendment Bill 2022.

The Bill proposes to extend certain regulatory, investigative and enforcement powers of the State Insurance Regulatory Authority to oversee and control iCare, self‑insurers and claims agents appointed pursuant to the workers compensation legislation.

If passed, the Bill will heighten the need for iCare, self-insurers, and claims agents to ensure compliance with the regulatory licensing requirements, and to ensure that where a breach occurs, steps are taken to:

• rectify the breach;
• give an appropriate undertaking; and to
• ensure that no further breaches occur.

The proposed amendments were made in line with the McDougall review recommendations with the goal of improving outcomes for all stakeholders

A recent decision of Deputy President Beaumont in the Fair Work Commission (Application by Ranmeet Kaur [2022] FWC 487) has examined the scope of the FWC’s power to make orders to stop sexual harassment which were introduced under amendments to the Fair Work Act in 2021.

The case examined both the jurisdictional requirements necessary for the FWC to make orders and the evidentiary requirements for it to be satisfied that a contravention had occurred, warranting the making of orders.

The Federal Court of Australia’s recent judgment in the matter of Energy Resources of Australia Limited [2022] FCA 176 demonstrates the risks to resigning company directors when they, or the company, fail to notify ASIC of their resignation in a timely manner – as well as the consequent time, effort and costs needed to rectify these failures.

The decision is also a reminder that retiring directors wishing to avoid personal responsibility for a company’s conduct need to notify ASIC promptly and effectively.

On 24 February 2022 the Supreme Court issued a decision in the matter of Jarvis v Allianz Insurance Ltd [2022] NSWSC 161.

This matter involved an Application for Judicial Review of the Medical Review Panel’s determination that the psychiatric injuries sustained by the Plaintiff did not give rise to a greater than 10% Whole Person Impairment.

Insurance Partner Stephanie Davis takes a look at the decision in this matter.

On 7 March 2022 the Court of Appeal issued a decision in the matter of Insurance Australia Ltd v Marsh [2022] NSWCA 31.

This matter involved an Appeal to a successful Application for Judicial Review.

Insurance Partner Stephanie Davis takes a look at the decision in this matter.

Buy Now Pay Later (‘BNPL’) is a system of advancing funds to consumers for the purchase of goods and services, with repayments made in regular instalments. The consumer can take possession of the goods or services immediately.

Currently, BNPL advances are unregulated by consumer credit law, as no interest is charged on the advances. 

The National Consumer Credit Protection Act 2009 does not apply, and providers of BNPL finance are not required to meet the compliance requirements of that legislation.

Finance providers obtain a return on BNPL transactions via the collection of merchant fees (paid by vendors to the finance provider at the time of sale) and by recovery of fixed late fees by consumers if they default on their repayment schedule.

Congratulations to Associate Funda Karabacak, who has been listed in Australasian Lawyer's Rising Stars 2022 list!  

Presented by Partner and National Insurance Group Leader John Van de Poll on Wednesday 23 February 2022, this webinar examined a range of significant cases from 2021.

Discussion topics ncluded:

• Credit Hire
  Arsalan v Rixon [2021] HCA 4
   
• COVID-19 Business Interruption Test Cases
  Swiss Re International Se v LCA Marrickville Pty Limited (Second COVID-19 insurance test cases) [2021] FCA 1206
   
• s.54 and Failure to Notify Avant
  Insurance Limited v Burnie [2021] NSWCA 272
  Darshn v Avant Insurance Limited [2021] FCA 706
   
• Professional Services Exclusion
  Liberty Mutual Insurance Company, Australia Branch v SunWater Ltd [2021] NSWSC 1582

This seminar will be highly-relevant to claims staff and managers, regulatory/compliance and risk teams, in addition to internal counsel.