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18 October 2018 |  An underground 11,000 volt cable owned by SA Power Networks (SA Power) (the respondent on appeal and the plaintiff at trial) was severed by sub-contractors, D&V Services Pty Ltd (D&V) (the appellant on appeal and the defendant at trial), which led a nearby earth leakage detector to trip, causing significant damage...
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The Insurance Council of Australia (ICA) has offered a counter-proposal to Canberra’s plans to extend unfair contract terms legislation to the sector. It suggests that a standalone set of unfair contract terms protections be introduced in the Insurance Contracts (IC) Act, which largely mirror those in the Australian Securities and Investments Commission (ASIC) Act. “If...
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A strata manager or owners’ worst nightmare: a phone call from the tenant who says a flexible braided water hose under the sink has burst and there is water going everywhere. It can mean some 1,500 litres of water per hour flowing through the property. This is a growing issue as many property owners are...
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The Supreme Court of Western Australia determined that, despite its interpretation rendering certain policy terms redundant, if a person or entity falls within the general definition of ‘insured’ in a policy schedule, but is unspecified by use of a proper noun, it is entitled to coverage as an insured. In Issue Whether the definition of...
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  Photo: WA is already home to the world’s biggest lithium mine in Greenbushes. (ABC South West: Ruslan Kulski) One of the world’s biggest lithium refineries is set to be established south of Perth, which the state government says puts WA at the centre of the booming global industry. The 50-50 joint venture between Australia’s...
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The plaintiff was injured while on a work trial at a bakery. The defendants argued that she was a worker under the WA workers’ compensation legislation. In Issue Whether a person on a work trial is a ‘worker’ within the Workers’ Compensation and Injury Management Act 1981 (WA). The Background The defendants were a husband and wife who operated a bakery...
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The Office of the Australian Information Commissioner (OAIC) has released its first quarterly report into notifiable data breaches, which shows 63 reported breaches since the scheme began on 22 February 2018.  That means in only its first 38 days, the scheme is averaging more than two notifications every business day. Gerry Power, National Head of...
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21 February 2018   New Australian privacy laws came into force on February 22. Experts warn you may be left scrambling if your SME hasn’t locked down personal information and developed a response plan to deal with privacy breaches. Changes to the Privacy Act mean Australian businesses with annual turnover in excess of $3 million...
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Ransomware attacks are one of the most common forms of cyber attack in Australia. How can you protect your business? Ransomware hackers steal businesses’ files and demand ransom payments to get them back. The attacks can be devastating financially for companies that are not prepared. For example, the WannaCry attack hit 200,000 victims in 150...
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What is the danger for a landlord in allowing a tenant to insure the building? One common issue which arises is where a clause in a lease requires the tenant to insure the building for loss and damage. We have seen repeated examples of situations in which the actions of the tenant when insuring the...
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