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Business | Legal

How to avoid public disclosure of internal misconduct – insights from Professor AJ Brown

Earlier this month, Federal Police raided the home of Newscorp journalist Annika Smethurt following the publication of a leaked plan allegedly permitting governments to spy on Australians. The raid was reportedly the result of an act of internal whistleblowing. It follows two recent high-profile whistleblowing cases: that of David McBride, former Defence Force Lawyer, and Richard Boyle…

20 Jun 2019, by Amy Sarcevic

Banking & Finance | Legal

How should brokers prepare for the potential arrival of the Best Interests Duty?

The prospect of a Best Interests Duty and Statement of Advice obligation for mortgage brokers is looming, leaving many concerned about the potential impact on their everyday business practices. Commissioner Kenneth Hayne recommended the introduction of the consumer-minded mandate in the recent Royal Commission, citing the need for better documentation, demonstrability and accountability in all…

7 Jun 2019, by Amy Sarcevic

Banking & Finance | Business | Legal

Ethics versus compliance – restoring consumer trust in financial services

As the Australian financial services sector continues to grapple with a post-Royal Commission consumer trust deficit, the efficacy of a compliance-based approach to banking has been called into question. Despite ethical mandates, such as ASICs “fairness initiative” and AFCA’s “fairness review”, a compliance framework continues to dominate banking practices; with efforts to instill a culture…

11 Apr 2019, by Amy Sarcevic

Banking & Finance | Legal | Uncategorised

Remuneration and regulation post Hayne

The dust has now settled since Commissioner Hayne released his final verdict following the years-worth of industry interrogation, that formed the backbone of the Royal Commission into banking misconduct. Many of his recommendations were applauded by industry analysts, while others have been met with doubt, concern and outright resistance. Cutting through the wealth of industry…

4 Mar 2019, by Amy Sarcevic

Healthcare | Legal

The ageing doctor – ethical and legal implications

Laying off a post-retirement-age doctor on the basis of their age is an offence under the Age Discrimination Act 2004. However, there are growing concerns that doctors practicing beyond 65-years of age may be more prone to mistakes, due to the age-related decline of various physical and cognitive faculties. As such, many experts have called…

22 Feb 2019, by Amy Sarcevic

Business | Legal | Occupational Health & Safety

Protecting our protectors: addressing PTSD in the police force and emergency services

Post-traumatic stress disorder (PTSD) is an often debilitating mental health condition that results from witnessing or experiencing a single or series of traumatic events. It is now one of the leading causes of workers' compensation claims in Australia, particularly in the police force and emergency services, in which the prevalence of the disorder is almost…

31 Jan 2019, by Amy Sarcevic

Banking & Finance | Legal

Meeting regulator expectations for responsible lending

Since the commencement of the Royal Commission into banking misconduct in late 2017, the public’s gaze has been firmly fixated on the behavior of major lenders. Now, more than ever, consumers are acutely conscious of their rights and of what constitutes appropriate practice. In such a climate, maintaining organisational integrity and compliance with Australia’s robust…

20 Dec 2018, by Amy Sarcevic

Banking & Finance | Legal

Defusing the ‘mortgage debt time-bomb’

The Australian financial marketplace is not short of legislation to protect consumers from predatory or irresponsible lending practices. The National Consumer Credit Protection Act 2009 provides a comprehensive set of legal guidelines requiring lenders and brokers to make reasonable, verified enquiries to ensure that consumers can comply with their financial obligations if the loan is…

9 Nov 2018, by Amy Sarcevic

Healthcare | Legal

Medical negligence in Ireland | a surge in cancer screening litigation 

Two names that are known to everyone in Ireland are those of Vicky Phelan and Emma MhicMhathúna. In April 2018, Ms. Phelan, terminally ill with cervical cancer, brought forward a case before the High Court in Ireland; shortly followed by Ms. MhicMhathúna, who is now deceased as a result of the disease. Ms. Phelan, a…

1 Nov 2018, by Amy Sarcevic

Legal | Planning & Design

Inclusive egress – making buildings safer and more accessible

Seven years ago, new legislation was passed in Australia to make all public buildings fully accessible for people with disability. While the legislation was deemed a giant leap forward in terms of disabled rights, what it didn’t consider was how to safely evacuate people with disability from those very same buildings, in the event of…

1 Jun 2018, by Amy Sarcevic
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