Peter Hollingworth and the Royal Commission

By Melbourne Criminal Lawyers Written by Bill Doogue. Partner, Doogue O’Brien George Criminal Defence Lawyers. Now that the Royal commission has tabled its reports in Parliament, I feel compelled to voice my opinion about how Peter Hollingworth was treated. It is not my normal practice to do this or to write about former clients and their experiences. However, there are […] …read more

Source:: Melbourne Criminal Lawyers Blog

Responsible advertising of health services

By wjmadden The Australian Health Practitioner Regulation Agency and the National Boards today published a strategy for the National Scheme which explains how they will manage advertising complaints and compliance, including the regulatory powers available to deal with breaches of the National Law.
Section 133 of the National Law makes it a criminal offence for any person (including registered health practitioners) to advertise a regulated health service or a business that provides a regulated health service, in a way that:
is false, misleading or deceptive or is likely to be misleading or deceptive
offers a gift, discount or other inducement to attract a person to …read more

Source:: Bill Madden

Public patients medical letters found in bin in Sydney in yet another privacy breach involving the health industry

By Peter Clarke Health privacy breaches are generally egregious. The nature of the information is highly sensitive and extremely private. One would think that the breaches are rare to the point of extraordinary. Yet they are not. They are depressingly common. And usually caused by poor document/data management. Such as properly disposing of documents when appropriate. Not so apparently given the dumping in a Sydney bin of 1000 medical letters involving the personal information of 700 public patients. It is reported in Patient privacy breach: over 1,400 medical letters found dumped in Sydney bin.
The culprit appears …read more

Source:: Peter A Clarke

What can barristers charge for?

By stephen I gave a presentation at the really well organised Junior Bar Conference this year. The Bar sought questions which the junior barristers who attended wanted answers to. One question, which I thought odd, but which I answered earnestly, was ‘What can a barrister charge for?’ This was my answer:
The starting position is freedom of contract, such that barristers can charge for whatever they can get someone to promise to pay. The costs provisions of the LPUL (the Legal Profession Uniform Law (Victoria)) mostly do not apply in favour of commercial or government clients and commercial and …read more

Source:: Lawyer`s lawyer

The Civil Procedure Act’s overarching obligation to keep costs proportionate

By stephen The Civil Procedure Act 2010 applies to proceedings in the Magistrates’ Court, County Court, and Supreme Court but not federal courts or VCAT. Its overarching purpose is to
‘facilitate the just, efficient, timely and costs effective resolution of the real issues in dispute’: s. 7.
Courts are required to interpret their inherent, rule-based, and statutory powers so as to give effect to the overarching purpose: s. 8.
Every order or direction of a court must further the overarching purpose by having regard to factors which include the degree of compliance with the overarching obligations: s. 9, esp. sub-s. (2)(c).
Further, a court may take …read more

Source:: Lawyer`s lawyer

Tort Tactics: An Empirical Study of Personal Injury Litigation Strategies

By wjmadden Published in Legal Studies but available online through SSRN is quite a novel article by Richard Lewis of Cardiff University, entitled ‘Tort Tactics: An empirical study of personal injury litigation strategies‘: [2017] 37 Legal Studies 162.
The article deals with developments in the UK legal and insurance market, as well as (from page 11) a series of practical issues including securing a reputation, controlling the pace of negotiation and the effects of increased use of paralegal staff.
…read more

Source:: Bill Madden

Retail Banking Remuneration Review Report

By David Jacobson The Retail Banking Remuneration Review has published its report of the Independent Review of product sales commissions and product based payments in retail banking in Australia. The Review was commissioned by the Australian Bankers’ Association.
The Report’s 21 recommendations are designed to strengthen the alignment of retail bank incentives, bank practices and culture and good customer outcomes.
The principal recommendation is that incentives are no longer paid to any retail staff based directly or solely on sales performance.
The review examined the arrangements that lead to incentives, commissions and bonus payments (variable reward payments) for retail staff of banks (Tellers, Sellers and their …read more

Source:: Bright Law

Case note: financial adviser best interests duty

By David Jacobson In Australian Securities and Investments Commission, Re NSG Services Pty Ltd v NSG Services Pty Ltd [2017] FCA 345 the Federal Court made declarations of contravention of the adviser’s best interests duty as a result of the adviser’s clients being sold insurance and/or advised to rollover superannuation accounts that committed them to costly, unsuitable, and unnecessary financial arrangements.
In the first case on this issue, the Court found that NSG’s representatives:
•breached s 961B of the Corporations Act by failing to take reasonable steps to ensure that they provided advice that complied with the best interests obligations; and
•breached s 961G of the …read more

Source:: Bright Law

Are your customers financially literate?

By David Jacobson Financial literacy is an important requirement for functioning effectively in modern society, but it was pointed out at a recent conference that lenders cannot assume financial knowledge or mathematical skills and numeracy by their customers.
Customers may not say that they don’t understand something, often out of politeness.
Education about a product is different from marketing.
For example ads selling credit cards do not explain how credit cards work.
Educators say that you cannot improve a customer’s financial literacy in one conversation.
When dealing with customers you need to consider their age and ethnic and cultural background.
Not all customers have access to computers and the …read more

Source:: Bright Law