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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

Healthcare | Legal

Perinatal mortality cases – what can we do better?

  In June 2014 baby Nixon Tonkin died shortly after birth at the Royal Brisbane and Women’s Hospital. Following an induction of labour and approximately two hours of active pushing, obstructed labour was diagnosed and a decision was made to conduct a caesarean section – during which the obstetric registrar encountered significant difficulty in disimpacting…

28 May 2018, by Amy Sarcevic

Infrastructure | Legal | Planning & Design

Raising Australian building standards – what needs to change?

Jurisdictions need a common language, more rigorous regulation and better oversight if they are to truly raise building standards in Australia, according to a Federal Government report by Bronwyn Weir and Peter Shergold. At present the lack of cohesion in how construction is regulated throughout the country makes for a frustrating system, in which practitioners…

10 May 2018, by Amy Sarcevic

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