‘Brokerage’ is a term frequently used by home care providers. In our experience it has become a term used to describe a number of situations in which providers use a third party to deliver services to a care recipient (ie client). In truth, an approved provider who...
Acting Commissioner for Consumer Protection David Hillyard advised that the investigation will examine various contracts offered by retirement village operators to see if they breach the "unfair contract terms" provisions of the Australian Consumer Law (ACL). One...
Aged Care Act requirements for Resident Agreements The Aged Care Act 1997 (Act) says a provider must give all prospective residents or their representatives an accommodation/resident agreement (Agreement) prior to entering care. The Agreement must set out that the...
The anaesthetist, who had worked at the Hospital for many years, claimed he had been bullied by two nurses at the Hospital in 2013 and 2014 and, as a consequence of his complaint to hospital management, he lost the opportunity to work on a particular surgery list...
What will the court look for? When determining whether or not there is a binding contract the court will look objectively at the broader context of the emails and the intention of the parties, including: whether there is any indication that the parties intended to be...
What you should think about before entering into a medical centre lease Considering establishing a medical practice? An important step will be finding suitable premises from where to operate, which usually involves entering into a lease of a medical centre. Entering...
ACCC Deputy Chair Dr Michael Schaper has explained that ”the new law will apply when a term in a small business standard form contract: causes a significant imbalance in the parties’ rights and obligations isn’t reasonably necessary to protect the legitimate interests...