It is not uncommon on major building projects for scratching to glass panes or panels to be observed pre practical completion (or during the defects liability period), and a question can thus arise as to whether contract works policies are likely to respond to indemnify the project participants with respect to damage of this nature.

by Patrick Mead, Partner | pmead@carternewell.com

Constructive Notes, April 2010

A new ATO ruling affects employee share schemes offering tax deferral because there is a “real risk of forfeiture” based on length of service.  Companies should review such schemes in light of the ruling.

Cameron Jorss, Partner | cjorss@carternewell.com

Corporate Newsletter, March 2010

In the recent decision of Zurich Australian Insurance Ltd v Metals & Minerals Insurance Pte Ltd [2009] HCA 50 the High Court preferred a strict application of section 45 of the ICA, by determining that the section was confined in its operation to a policy of insurance the insured “has entered into”, in a narrow sense. 

Reliance on external legal advice was sufficient in the case of ASIC v Fortescue Metals (No. 5) [2009] FCA 1586 to show the director had not breached his duties and that the information he provided - even if incorrect - was based on an opinion reasonable and honestly held.

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

Insurance Newsletter, March 2010

The Queensland Department of Justice and Attorney General has recently released a discussion paper in relation to proposed changes to the Queensland Workers’ Compensation Scheme.   This newsletter outlines some of the proposed changes and their relevance to claims management and experience for general insurers, companies which are self insured and businesses with large policy deductibles.

Stephen White, Senior Associate

March 2010

Australian courts have recently considered the circumstances in which leave will be granted to extend a limitation period which has expired.

This newsletter looks at two recent cases which explore the evidence required to demonstrate prejudice, to oppose an extension of the limitation period

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

Insurance Newsletter, March 2010

Insurance claims relating to road and pavement failures in major infrastructure projects have provided particular challenges for courts called upon to consider the extent of policy response.

by Patrick Mead, Partner | pmead@carternewell.com

Constructive Notes, March 2010