The UK Insurance Act 2015 (the UK Act), which comes into force on 12 August 2016, contains some similar provisions to the Australian Insurance Contracts Act 1984 (ICA). Australia, however, has the advantage of more than 30 years of Appeal Court determinations on their provisions. In this article, we examine two Australian cases dealing with provisions equivalent to “Fair Presentation” and “Terms not relevant to the actual loss” – both key provisions that will be introduced by the UK Act.

We are delighted to announce that three of our firm’s senior team members have been selected in the Ninth edition of the oldest and most respected guide to the legal profession, Best Lawyers.

It is well established under Australia law that secondary publishers can be held liable for defamatory material if they had actual or constructive knowledge of the defamatory matter. This was the crux of Dr Janice Duffy’s multi-year legal battle in the Supreme Court of South Australia with internet search giant, Google.

On October 13th, the Telecommunications (Interception and Access) Act 1979 (Cth) legislated for the retention of metadata by telecommunications carriers and internet service providers (telcos) for a mandatory period of two years. This data will then be made available to federal, state and territory police, Medicare, Councils in NSW, Worksafe Victoria, the RSPCA, the Tax Office, Australia Post, domestic spy agency ASIO, ASIC and many others when conducting criminal and financial investigations.

Congratulations to Kristen Hammond, Associate in our Workplace Relations team, on her recent nomination as Young Gun of the Year in The Lawyers Weekly 2015 Women In Law Awards. 

The Women In Law Awards recognises the achievements of female legal professionals in all areas and at all levels, with the winners being announced at a black tie gala dinner  in Melbourne on 27 November.  All of us at Holman Webb wish Kristen the best of luck.

Holman Webb Lawyers has announced a strategic alliance with global US firm Diaz Reus, strengthening the firm’s reach into the Latin American market.

With an existing reach in the Australian and European markets, the alliance will increase the capability of both firms in the Asia Pacific region.

Tips

• Take the time to develop an understanding of the cyber threats that could affect your business.
• Work with your clients or board to create a solid cyber-security program that involves the board, management, IT team and employees. A holistic and inclusive approach is required to ensure that proper and functional policies are in place that can and will be complied with.
• Within this ever changing space, continued vigilance and attention to new and current methods, policies, systems and procedures is fundamental if organisations are to minimise the chance of a cyber-attack.

D’Arcy v Myriad Genetics Inc. [2015] HCA 35 7 October 2015

The recent High Court Case of D’Arcy v Myriad Genetics Inc. & Anor [2015] HCA 35 highlights the debate over balancing:

1. the rights of inventors and creators to commercialise and profit from their inventions;  and

2. the interests and needs of the wider society to be able to access biological developments for research and the improvement of public health and welfare.

Those seeking the protection of intellectual property rights argue that the protection of exclusive rights to the intellectual property enables investment which is necessary for the expensive process of taking research to clinical trials, commercialisation and the market.

Those seeking the protection of human rights argue that the granting of monopoly rights restricts further research and also grants access only to those who can afford to pay, to the detriment, for example of poorer nations.

The Commonwealth Department of Social Services published on 29 September 2015 a new Home Care Packages Operational Manual, replacing the Home Care Packages Programme Guidelines 2014.

The Operational Manual is a useful guide for providers to support the delivery and management of the Home Care Packages Programme on a consumer directed care basis.

Click here to read the October Health Law Alert which includes the recent High Court Case of D’Arcy v Myriad Genetics Inc. & Anor [2015] HCA 35.