Waste Recycling and Processing Pty Ltd (WRP) sought an injunction to restrain the Sydney legal firm, Holman Webb and a partner of that firm from acting as legal representatives for their opponents Worth Recycling Pty Ltd.

The injunction was sought on the basis that Holman Webb had previously acted for other parties in proceedings against WRP in respect of essentially the same cause of action. Non-disclosure obligations on the parties were acquired in the course of the subsequent mediation at that time and so WRP argued there was a threatened breach of these obligations by Holman Webb by having conduct of the proceedings on behalf of WRP.  At first instance, WRP was successful and injunctions were issued in respect of both Holman Webb and Mr Maxwell restraining them from acting for Worth Recycling Pty Ltd in those proceedings.

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

Insurance Newsletter, March 2010

One of the most contentious applications of s54 of the Insurance Contracts Act 1984 (Cth) (“the Act”) has arisen in relation to late notification under so called ‘Claims Made and Notified’ professional indemnity policies.  These policies provide indemnity for claims on the basis of notification by the insured to the insurer of a claim made against the insured during the policy period, irrespective of when the act giving rise to the claim occurred. 

This newsletter looks at "Claims Made and Notified' policies with respect to Sections 54 and 40(3) of the Insurance Contracts Act 1984 (Cth).

by Patrick Mead, Partner | pmead@carternewell.com

Constructive Notes, February 2010

Minister for Infrastructure, Transport, Regional Development and Local Government, the Honourable Anthony Albanese MP says the Aviation White Paper charts the way forward and gives certainty and incentive to plan and invest for the long term. 

Does the White Paper chart the way forward?  Readers, consumers and industry participants will decided with the fullness of time. 

Glenn Biggs, Partner | gbiggs@carternewell.com and Shannon O'Hara, Associate

Aviation Newsletter, February 2010

The recent economic climate has proved a significant factor in facilitating change in the landscape of D&O insurance with D&O insurers experiencing an increase in claims, particularly company securities claims, resulting in higher levels of exposure for both insurers and insured directors and officers.  With this in mind, we take a look at the effect on side C cover in the D&O insurance market.

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

Insurance Newsletter, February 2010

After the James Hardie decision in 2009, many directors feared that courts had set the bar too high to meet their duties.  Now, thanks to the tenacity of Jodee Rich in the One.Tel case, boards around Australia have been reminded that the “safe harbour” for directors in the statutory business judgment rule should allow legitimate entrepreneurial activity.  In this newsletter we examine the protection the rule gives to directors and what practical steps directors should take to maximise the likelihood of the rule applying to their decisions.

Cameron Jorss, Partner | cjorss@carternewell.com

Corporate Newsletter, January 2010

This edition of Constructive Notes considers a recent decision of the District Court of Queensland on disputed successive identical payment claims served under the Building and Construction Industry Payments Act 2004 (Qld).

Additionally, in Leighton Contractors Pty Ltd v Fox; Calliden Insurance Limited v Fox [2009] HCA 35, the High Court declined to extend the duty of care owed by principal contractors to independent contractors.

by David Rodighiero, Partner | drodighiero@carternewell.com

Constructive Notes, December 2009