As aptly explained in a note found in the Interim Code of Practice for Retirement Villages (No. 2) 2021: ‘Retirement villages are clearly marketed by the industry as permanent accommodation for their residents. Accordingly, a residence contract may be terminated only...
David McMullen
Using contracts to avoid liability in negligence | When it might work, and when it might not.
Australian Consumer Law Under the Australian Consumer Law (“ACL”) suppliers automatically provide consumers with certain statutory guarantees for the goods and services that they purchase. A supplier is anyone who, in trade or commerce, sells goods or services to a...
Record-keeping and reporting requirements for the COVID-19 and influenza vaccines
Whilst no directive from the WA Government has been published, the Federal Government has introduced legislation outlining the record-keeping and reporting requirements that apply both to the COVID-19 vaccine and the influenza vaccine, which are summarised below. Care...
Aged Care in the 2021-2022 Federal Budget: The Government’s Response to the Royal Commission
This year’s Budget has been widely regarded as fundamental to a reform of Australia’s aged care system. A need for reform means a need for funding The need for reform is well known in light of the Royal Commission into Aged Care Quality and Safety. The Commission’s...
Restraints and non-compete clauses: an exercise in reasonableness
In his recent article, David McMullen provides insights on: What constitutes a reasonable and valid restraint; When a restraint might be unenforceable; and The consequences of breaching a restraint. Please click on the image below to download the article which was...
Who are GP corporates’ real customers: Doctors or patients?
During the past couple of years, a legal battle between the GP corporate Healius and the Australian Tax Office has been running through the courts. It is of interest to many doctors because it appears to relate to an issue that’s wrapped in much emotion for the...
Update on Electronic Execution under the Corporations Act
This Determination temporarily allowed companies to execute documents electronically and permitted the split execution of documents. In other words: The definition of a ‘document’ was amended to include those in electronic form. Execution of documents under the...
WA planning update: Residential accommodation for ageing persons
The Western Australian Planning Commission (“WAPC”) has released a position statement on residential accommodation for ageing persons (“Position Statement”). Click here to read the statement. According to the Position Statement: ‘It seeks to remove planning process...
Commencement of the Australian National Aged Care Classification tool
It amends the Aged Care Act 1997 to introduce an additional, discretionary procedure for classification of recipients of residential aged care and some kinds of flexible care, using a new assessment tool – the Australian National Aged Care Classification tool. ...
Factsheet | A guide to child care legislation in Australia
Simply put, Federal legislation deals with eligibility grants for financial assistance, while State and Territory legislation largely deals with the provision of education and care services. Our factsheet summarises the key legislation which applies to child care...