Our legal experts will keep you up to date on all relevant and current developments.
When does the limitation period to claim on a policy of insurance commence? The short answer is 'when the insurer does, or fails to do, what is required under the policy'. Most commonly this will be when the insurer makes a decision on the availability of indemnity.
Holman Webb is delighted to announce our inclusion in Australasian Lawyer’s Fast Firms List for 2016.
Click here to read the full article in the latest edition of the Australasian Lawyer magazine.
CCTV, videos and photos in health, aged care and retirement living and disability is becoming more of an issue following the increase in the use of social media and disturbing media reports of a “secret camera” capturing the alleged abuse of an elderly man in an Adelaide nursing home in July 2016.
Unfortunately, we live in a world today where terrorist attacks have become far too common. Counter-terrorism strategies and tactics are rightly in the consciousness of governments, employers and the public at large in the wake of attacks in Kenya, Beirut, Paris, Nice and many other locations around the world which experienced massive losses of life by the actions of extremists (not to mention the numerous shootings, bombings, and bio-attacks that continue to take place). In August 2016 there was a terrorist attack on a Pakistan hospital which killed more than 50 people.23 Locally, we have had our own challenges with the loss of life arising from the Martin Place Siege and attack on NSW Police Headquarters in Parramatta.
– Australian Consumer Law – Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015
Most readers of this article would be familiar with the Nurofen specific pain products, each being labelled Nurofen Back Pain, Period Pain, Migraine Pain, or Tension Headache, as these products have been marketed in that manner in Australia since about 2006.
Cannabis, as a narcotic, is currently regulated under a myriad of Commonwealth and State laws, including the following:
– Maiocchi v Royal Australian and New Zealand College of Psychiatrists (No.4) [2016] FCA 33
In the New South Wales Supreme Court in Application of a Local Health District: Re a Patient Fay [2016] NSWSC 624, Fay, a pregnant 19 year old woman with an intellectual disability with placental haematoma and progressive renal failure, was warned by her doctors that she was at significant risk of permanent cerebral damage and possibly death if her pregnancy continued. The medical advice had recommended that the pregnancy be terminated to allow more effective control of her blood pressure. It was made known that the foetus would not live if intervention occurred. She signed a consent form stating that if specific medical events were to cause impending death, then the baby would be delivered even if the baby’s life was at stake. Her doctors desired to treat her immediately instead of waiting for one of Fay’s nominated treatment-accepted events to occur.
Private hospital operators conduct their business in a competitive environment and competition laws can affect how they interact with their competitors and other organisations such as private health insurers, pharmaceutical companies, medical device companies and medical practitioners.