CBA ends personal CCI products

By David Jacobson The Commonwealth Bank (CBA) has announced that it has decided to end sales of its current Credit Card Plus and Personal Loan Protection consumer credit insurance (CCI) products.
CBA credit insurance in connection with home loans, personal loans and credit cards will be examined in the first round of public hearings by the Financial Services Royal Commission.
CBA is working with ASIC to provide refunds to customers who may have been ineligible to claim some benefits due to their employment status at the time of taking out the policy.
It will contact those customers who could be affected and has set aside approximately …read more

Source:: Bright Law

Australian Financial Complaints Authority transition

By David Jacobson The Treasury Laws Amendment (Putting Consumers First – Establishment of the Australian Financial Complaints Authority) Bill 2017 received Royal Assent on 5 March 2018. Background.
The Minister for Financial Services has announced that Helen Coonan will be Inaugural Chair of the Australian Financial Complaints Authority.
AFCA will start receiving disputes no later than 1 November 2018.
ASIC has released draft updated Regulatory Guide 139, Oversight of AFCA (updated RG139) for public consultation.
Before AFCA commences the AFCA Board will consult on the scheme’s terms of reference.
The post Australian Financial Complaints Authority transition appeared first on Bright Law. …read more

Source:: Bright Law

APRA Prudential Standard on cyber security

By David Jacobson APRA has released a package of measures, titled Information Security Management: A new cross-industry prudential standard, for industry consultation. The package is aimed at improving the ability of APRA-regulated entities to repel cyber adversaries, or respond swiftly and effectively in the event of a breach. It enforces the guidance in CPG 234 and complements the requirements laid out in CPS 220, APRA’s cross-industry prudential standard on risk management..
The proposed new standard, CPS 234, would require regulated entities to:
clearly define the information security-related roles and responsibilities of the board, senior management, governing bodies and individuals;
maintain information security capability commensurate with the …read more

Source:: Bright Law

NDIS: Foster care + respite

By wjmadden LNMT and National Disability Insurance Agency [2018] AATA 431 is of interest for its attention to the needs of an NDIS participant child with vision & cognitive impairments, who had been placed with a foster carer. In relation to respite care, the Tribunal said at [46]:
As the applicant’s mother explained in her evidence (which was not challenged on this point), the applicant cannot participate in the usual respite arrangements which apply to children in foster care. Because of her significant disabilities, difficult behaviours and complex needs, when her foster mother is not available to care for her, she …read more

Source:: Bill Madden

Wrongful birth: Recovery of upkeep costs

By wjmadden Appearing as an early release article of the Melbourne University Law Review, Recovery of upkeep costs, claims for loss of autonomy an loss of genetic affinity is an article by English & Hafeez-Baig focusing on the recent Singaporean decision ACB v Thomson Medical Pte Ltd. The abstract reads:
Whether the law should permit parents to recover the costs of raising a child that they never intended to have is one of the most vexed questions in the law of negligence. In ACB v Thomson Medical Pte Ltd, the Court of Appeal of Singapore considered this issue in a unique factual context: …read more

Source:: Bill Madden

NDIS: Early intervention for mental health

By wjmadden BBMC and National Disability Insurance Agency [2018] AATA 386 saw the Tribunal uphold an NDIA decision that the applicant did not meet the access requirements in the NDIS Act. She had lodged an application on the basis of anxiety disorder and other symptoms.
The Tribunal commented at [40] that it does not follow that the NDIS should assume responsibility for the applicant’s psychotherapy support simply because she does not receive adequate treatment and support through the health system, and went on to hold at [41]:
The National Disability Insurance Scheme (Supports for Participants) Rules 2013 clearly state that the NDIS will not …read more

Source:: Bill Madden

NDIS: Morbid obesity

By wjmadden Pomeroy v National Disability Insurance Agency [2018] AATA 387 saw the Tribunal refuse an application for review of a decision made by the NDIA. It mostly focuses on the medical evidence relevant to the applicant, but is of more general interest for its discussion of the ‘morbid obesity’ condition. The Tribunal found that there were available treatments such that it was not a permanent condition (at [40]) and that it was most appropriately treated and provided for under the health system (at [50]). At [60] the Tribunal commented:
I accept Ms Pomeroy’s submissions to the Tribunal that her mother is not …read more

Source:: Bill Madden

Interlocutory decision: Vicarious liability

By wjmadden Hassan v Calvary Private Hospital Health Care Canberra Ltd t/a Calvary John James Hospital [2018] ACTSC 53 dealt with a number of interlocutory applications, in a claim which arose from surgical procedures – the insertion of a sling, anterior mesh, posterior mesh and rectal mesh.
One of the applications was that made by the first defendant private hospital for summary dismissal of the plaintiff’s claim alleging that the hospital was vicariously liable for the acts of two medical practitioners.
The court refused the application at [33] – [37], saying:

As stated in Ellis at 592D-592E, the question whether a person is …read more

Source:: Bill Madden

Interim payment: Limiting how the payment is used?

By wjmadden In Stewart v Chee [2018] NSWSC 263 the defendant renal surgeon agreed to make an interim payment, but sought to impose terms such that the payment be used “for the purpose of dialysis care and treatment” (at [10]).
The plaintiff in recent correspondence had indicated that she did not propose to apply the moneys towards her litigation costs. The defendant submitted, however, that the plaintiff did not clearly indicate that the interim payment will in fact be used for the purposes of dialysis care and treatment (at [14]).
The court held at [18] – [19]:
I am not satisfied that it is …read more

Source:: Bill Madden

Bog-ordinary, disciplinary, civil penalty, criminal

By Stephen Warne In the Legal Profession Uniform Law (Vic), there are simple prohibitions, prohibitions breach of which are punishable by civil penalties, and criminal offences punishable by fines and jail. The civil penalty provisions are new to the LPUL compared with the previous legislation. What does it all mean?
Breach of any provision (whether it provides for a criminal offence or a civil penalty) is capable of amounting to misconduct or unsatisfactory professional conduct: s. 298(a).
The Law, as interpreted by the Victorian Legal Services Commissioner, seems to contemplate the possibility that breach of a civil penalty provision might be prosecuted in …read more

Source:: Lawyer`s lawyer