Articles

Partner Michael Bath recently co-presented on “Labour Hire, Sub-Contractors – Same or Different?”.

On 3rd September 2025, the eastern seaboard Partners Rebecca Stevens, Danielle Skinner, Ben Hall and Stephanie Huestis presented on “Pre-litigation Discovery: An Australian Overview”.

Recovery under contract works policies can provide fertile ground for dispute, particularly when property is allegedly damaged in consequence of defective workmanship, material or design. In this article, Partner Patrick Mead discusses the two areas in particular that are, the questions of what constitutes ‘damage’ or ‘physical damage’ under the policy and what portion of that damage can be said to fall within a common proviso to the defective workmanship/design exclusion seeking to limit the exclusion to that part of the works ‘immediately affected’.

Partner Patrick Mead recently presented on developments in First Party Insurance and Liability Policies triggered by Property Damage to more than 50 industry professionals during the recent Lloyd’s Academy Lunch & Learn in Singapore.

In this article, Partner Mark Kenney and Law Graduate Josh Logan discuss the advantages and implications that the new Australian Standard construction template has introduced to the industry.

On 12th August 2025, Partner Rebecca Stevens and Special Counsel Allison Bailey presented on “Product Defect Claims”.

In this issue, we cover a pivotal Federal Court decision in Lattouf v ABC [2025] FCA 669 ruling on the protection of political expression in the workplace, a significant High Court decision in Ravbar v Commonwealth of Australia [2025] HCA 25 affirming union administration legislation, and new workplace health and safety obligations affecting employers in Queensland and New South Wales. These updates signal evolving expectations around employee conduct, union governance, and safety obligations.

A peril in first-party insurance destroys or diminishes the insured’s person, property or interest or deprives the insured of its use. That an insured should bear a specified part of each loss by way of a deductible or excess provision is a familiar feature of insurance policies which provide cover of this nature. The purpose of an aggregation provision is to avoid serious disadvantage to the insured where several incidents of damage all flow from one underlying cause. The choice of language used to express the necessary unifying factor is of critical importance.

Mediation is one of the most popular forms of alternative dispute resolution and has become firmly embedded in the litigation process. In circumstances where few matters proceed to trial without the parties first attending a mediation, this article, authored by Nationally Accredited Mediator (AMDRAS) and Partner Mark Brookes, takes a fresh look at the ways to get the most out of any mediation.

ASIC’s 2025 insolvency data highlights the increase in companies being wound up, leading to a rise in liquidators pursuing a company’s insolvent transactions. Creditors may have a defence to a liquidator’s demand through evidence of good faith, a running account and no knowledge of the company’s insolvency at the time of the transaction. In this article, our Corporate & Commercial team highlight that knowledge of these defences are crucial amid rising insolvencies in key sectors.

There is a surprising scarcity of judicial authority in Australia in relation to the operation of Contractors Pollution Legal Liability insurance, so it is necessary for the most part to revert to first principles in seeking to ascertain its scope of operation in any particular factual scenario. This issue of Constructive Notes is directed to that exercise. It is hoped that the reader will be left with a greater understanding of the operation of these specialist policies and the risks of gaps in cover arising if great care is not taken in implementing the suite of necessary insurances.

Informal wills are becoming increasingly popular due to their lower cost and accessibility. The common mode of delivery has broadened from traditional paper-based wills to digital formats. The recent judgment in Peek v Wheatley offers a good summary of the legal principles applicable to the evolution in the drafting and execution of wills and highlights the professional and ethical responsibilities of solicitors under the Australian Solicitors’ Conduct Rules 2023. In this article, Partner Mark Brookes and Law Graduate Adam Pottenger highlight how this can impact solicitors.