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Our legal experts will keep you up to date on all relevant and current developments.

Recent Developments in Motor Accident Law: Chahrouk v Allianz Australia Insurance Limited [2021] NSWSC 1457 (10 November 2021)
Thursday 11 November 2021 / by Natasha Miller posted in Insurance

On 10 November 2021, the Supreme Court issued an interesting decision in the matter of Chahrouk v Allianz Australia Insurance Limited [2021] NSWSC 1457 (10 November 2021).

From this case we can see the importance of clearly explaining any argument (or counter argument) on causation, in relation to each and every specific injury alleged.   Of course, one cannot ensure that a medical assessor does in fact consider the argument - but at least there will be grounds to seek Review. 

In addition, where a specific scientific study is material to a decision, then it ought to be identified in the decision, but a Panel is entitled to rely on settle medical facts and theories without elaborating on the source of that knowledge.


Your Guide to COVID-19 Vaccines and the Workplace

Despite the increasing rates of COVID-19 vaccination across Australia, issues surrounding the COVID-19 vaccine and the workplace remain at the forefront of conversation; particularly given the mandating of vaccines within some industries and states. 

Authored by Holman Webb Lawyers Workplace Relations Partner Alicia Mataere and Associate Lee Pike, this guide is designed to walk you through the issues relating to COVID-19 vaccines and the workplace, to assist in your understanding of whether the vaccine is mandatory for your workplace, and if not, to help you decide whether you can/should make vaccines mandatory within your workplace.


Your Guide to COVID-19 Vaccines and the Workplace: Aged Care Industry

Despite the increasing rates of COVID-19 vaccination across Australia, issues surrounding the COVID-19 vaccine and the workplace remain at the forefront of conversation; particularly given the mandating of vaccines within some industries and states. 

Authored by Holman Webb Lawyers Workplace Relations Partner Alicia Mataere and Associate Lee Pike, this guide is designed to walk those within the Aged Care industry through the issues relating to COVID-19 vaccines and the workplace, to assist in your understanding of whether the vaccine is mandatory for your workplace, and if not, to help you decide whether you can/should make vaccines mandatory within your workplace.


Your Guide to COVID-19 Vaccines and the Workplace: Education and Care Industry

Despite the increasing rates of COVID-19 vaccination across Australia, issues surrounding the COVID-19 vaccine and the workplace remain at the forefront of conversation; particularly given the mandating of vaccines within some industries and states. 

Authored by Holman Webb Lawyers Workplace Relations Partner Alicia Mataere and Associate Lee Pike, this guide is designed to walk those within the Education and Care industry through the issues relating to COVID-19 vaccines and the workplace, to assist in your understanding of whether the vaccine is mandatory for your workplace, and if not, to help you decide whether you can/should make vaccines mandatory within your workplace.


Your Guide to COVID-19 Vaccines and the Workplace: Building and Construction Industry

Despite the increasing rates of COVID-19 vaccination across Australia, issues surrounding the COVID-19 vaccine and the workplace remain at the forefront of conversation; particularly given the mandating of vaccines within some industries and states. 

Authored by Holman Webb Lawyers Workplace Relations Partner Alicia Mataere and Associate Lee Pike, this guide is designed to walk those within the Building and Construction industry through the issues relating to COVID-19 vaccines and the workplace, to assist in your understanding of whether the vaccine is mandatory for your workplace, and if not, to help you decide whether you can/should make vaccines mandatory within your workplace.


Your Guide to COVID-19 Vaccines and the Workplace: Transport Industry

Despite the increasing rates of COVID-19 vaccination across Australia, issues surrounding the COVID-19 vaccine and the workplace remain at the forefront of conversation; particularly given the mandating of vaccines within some industries and states. 

Authored by Holman Webb Lawyers Workplace Relations Partner Alicia Mataere and Associate Lee Pike, this guide is designed to walk those within the Transport industry through the issues relating to COVID-19 vaccines and the workplace, to assist in your understanding of whether the vaccine is mandatory for your workplace, and if not, to help you decide whether you can/should make vaccines mandatory within your workplace.


Three Partners, One Special Counsel and Two State Insurance Groups Listed in Doyle's Guide
Insurers - Loss of Privilege in Qualified Medical Reports and Expert Evidence: Fadlallah v Insurance and Care NSW (2021) NSWCATAD 304
Tuesday 9 November 2021 / by Nick Maley & Peter Kefalas posted in Workplace Relations Workers Compensation Regulation 2016 (NSW) Personal Injury Commission

In the recent decision of Fadlallah v Insurance and Care NSW (2021) NSWCATAD 304, the New South Wales Civil and Administrative Tribunal (NCAT) found that there was no legal professional privilege in a report obtained by a workers compensation insurer’s lawyer to meet and deal with a claim for permanent impairment compensation.

This decision is a reminder that careful consideration must be given to the process of how medical experts are briefed by insurers and their lawyers.


Office of the Australian Information Commissioner: “Clearview AI breached Australians’ privacy”

Back in February 2020, Holman Webb published an article ‘AI and Facial Identification Technology – the Face of the Future?’, which referred to an article in the New York Times highlighting Clearview AI, and the use of the company’s facial recognition technology by law enforcement agencies internationally.

At the time the Australian Parliament was considering the introduction of the Identity-matching Services Bill 2019 and Australian Passports Amendment (Identity-matching Services) Bill 2019 which would enable the Department of Home Affairs and Foreign Affairs and Trade to utilise similar facial recognition technology.

As it turns out, Holman Webb Lawyers were not the only ones taking a close look at Clearview AI. Since that time, it appears that Clearview AI was offering free software trials to numerous law enforcement agencies within Australia, some of whom have commenced their investigation into the use of the app and have been feeding visual data into the system.


The Franchise Disclosure Register – What is it and When Does it Begin?

The Franchising Code of Conduct may be about to change again - this time, to introduce a ‘Franchise Disclosure Register’.

It remains to be seen whether the exposure draft of the changes will become law (through changes to the Code), and if so whether any amendments are made as a result of the consultation process. Regardless - in anticipation, Holman Webb’s Franchising & Retail Group has answered some FAQs in respect of the introduction of the register.


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