Part 14 of the The Local Government Act 1993 ("LG Act") sets out the legislative requirements for the conduct of councillors, staff, delegates and administrators of a local government body. Section 440 of the LG Act allows for the regulations to create a Model Code of...
First mortgagee consent currently required in NSW Currently in New South Wales, if a lender wishes to register a second (or subsequent) mortgage on title it must obtain the consent of the first mortgagee on title. If a mortgage is not registered, the lender/mortgagee...
Disputes concerning the availability of exclusion clauses to deny liability for COVID-19 related insurance claims continue to be litigated before the Courts. As lockdowns and closure orders take an increasingly heavy economic toll on businesses, policy holders...
Key Takeaways Whether employers can mandate vaccinations against COVID-19 for employees depends on the unique circumstances surrounding each workplace and whether it is lawful and reasonable. The Fair Work Ombudsman (FWO) has set out guidance for employers to...
FINANCIAL SERVICES AFSL REGULATORY UPDATES COMING IN TO EFFECT 5 OCTOBER 2021 The Australian Securities Investment Commission (ASIC) has introduced a number of new rules and amended others as recommended by the Royal Commission into Misconduct in the Banking,...
New legislation allows the continuation of electronic execution of company documents There is some welcome news for companies executing documents whilst lockdown persists. The Treasury Laws Amendment (2021 Measures No. 1) Act 2021 (Cth) came into operation on and from...
Key takeaways Dealing with AFCA complaints can be a costly, time consuming and daunting experience. Sound legal advice and in-depth knowledge of AFCA's process is a key success factor when facing complaints. Ensure AFCA has jurisdiction to hear a complaint, before...
Introduction Back in January, we wrote about an important test case that considered whether insurers could deny liability for small business insurance claims amid the pandemic. Insurers argued that exclusion clauses in its policies excluded cover for business...
ClarkeKann is gearing up for continued growth in the financial services sector with the internal promotion of banking and financial services lawyer Elouise Monck to Partner. The move offers ClarkeKann clients even greater legal insight and incisive solutions for...
Key takeaways: The Australian Prudential Regulation Authority (APRA) is ramping up regulations on climate–related risks and taking submissions for its new guidelines. The guidelines are not enforceable requirements, but it shows that regulators are pushing the...
Jurisdiction clauses are often not examined as closely as they should be. You should ensure that your agreements contain a jurisdiction clause that nominates a convenient jurisdiction for your business. Jurisdiction clauses are often overlooked when parties are...
In The Owners – Strata Plan No 87265 v Saaib; The Owners – Strata Plan No 87265 v Alexandrova [2021] NSWSC 150, an Owners Corporation brought proceedings against a builder and an insurance broker. The Owners Corporation contracted Mr Saaib (builder) to do residential...