The New South Wales Court of Appeal has extended the benefit of section 54 of the Insurance Contracts Act 1984 (Cth) beyond insureds, to apply to third parties seeking the benefit of cover available to an insured.

By Mark Brookes, Partner | mbrookes@carternewell.com

and David Fisher, Solicitor

Insurance Newsletter, August 2010

Often when instructions to act in workplace health and safety prosecutions are received, most senior officers and managers are aware that their company may be exposed to a financial penalty. What they then usually ask is “Can I be sent to jail?”.

Although, theoretically, custodial sentences are possible for certain individuals being convicted for breaches under the relevant legislation, the most immediate question that should be asked is “What will be the ultimate cost to the company, particularly if a conviction is recorded against it?”.

This article will briefly examine the individual liability of officers of a company in a workplace health and safety prosecution and also considers the effect of a company receiving a recorded conviction.

By Clayton Payne, Senior Associate, David Fisher, Solicitor and

Stephanie Byrne, Solicitor

Workplace Relations Newsletter, July 2010

Regardless of (and in many senses because of) the recent fluctuations in the local and global economic outlook, managing risk is more crucial than ever. The appropriate use of contractual indemnities, as well as a broader attention to detail on risk allocation through contracts is a critical part of managing risk. Even where risk is allocated to the party best placed to manage it (with control over the variables that may lead to occurrences), a failure to review or draft an indemnity provision with precision can result in protracted and costly disputation.

By John Matthews, Associate

and Patrick Mead, Partner | pmead@carternewell.com

Constructive Notes, July 2010

Claims by employees are often notified under employment practice and management liability policies, in relation to issues of unfair dismissal or harassment.  This article considers recent cases where personal injury claims have been made against employers, more suited to cover under public liability policies.

By Stacey Leeke, Solicitor
and Mark Brookes, Partner | mbrookes@carternewell.com

Insurance Newsletter, July 2010

This guide endeavours to address a selection of important and unique aspects of doing business in Australia, which have broad application across a wide range of industries.

It is hoped that this guide will be of assistance to overseas legal practitioners in answering some of the initial questions that arise when determining such topics as business structures, corporate governance, intellectual property, land title and industrial relations.

If you require any more detailed information or advice on the areas covered or doing business in Australia generally, please contact either Patrick Mead, Bronwyn Clakson or Cameron Jorss.

Carter Newell Lawyers

June 2010

Interference with creditors' rights against a third party: normal or novel? 

The High Court's decision in Lehman Brothers is topical given the number of insolvency matters presently that involve corporate groups, particularly in the managed investment sector.

by Stacey Leeke, Solicitor

Federal Government acts to reverse effect of Sons of Gwalia v Margaretic 

The move by the Federal Government to, in effect, overturn Sons of Gwalia, will be met with relief by insolvency practitioners and unsecured creditors alike.

by Jodi Palmer, Associate

Litigation and Dispute Resolution Newsletter, June 2010