Articles

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.

In this article, Partner Mark Brookes and Law Graduate Adam Pottenger examine the importance of Sanctions Checks in distributing class action settlement funds, emphasising compliance obligations and the consequences of failing to conduct proper screening. The article further explores the critical roles of lawyers and insurers in this process, highlighting their responsibilities in ensuring that funds are not inadvertently distributed to sanctioned individuals or entities.

In the recent Federal Court decision in Davis v Wilson [2025] FCA 10, another shareholder class action was unsuccessful due to the shareholders’ failure to establish causation. In this article, Partner Mark Brookes and Law Graduate Adam Pottenger examine the implications of this judgment and its potential impact on future shareholder class actions.

In this Constructive Notes article, Partner Patrick Mead highlights key aspects regarding claims made and notified policies and the Interface between s54 and s40(3) of the Insurance Contracts Act 1984 (Cth). 

Following Labor’s success in the 2025 Federal Election, we look ahead to what proposed changes to the industrial landscape may occur during the next three years.

When your company faces financial challenges, knowing your obligations and taking swift action is crucial. While factors like the cash rate may impact your business, understanding your duties and liabilities is key. This article provides essential insights for directors, highlighting the importance of seeking advice early to protect both your business and personal interests. Stay ahead of financial pressures by making informed decisions and ensuring compliance with your legal responsibilities.

In this article, by reference to the recent judgment in Criddle v Monck [2025] WASCA 44, Partner Greg Stirling and Senior Associate Hayley Nankivell provide a useful summary of the principles relevant to the application of advocate’s immunity, highlighting that the immunity extends to in-court and certain out-of-court work directly related to the conduct of a case, regardless of whether the outcome of the case was later overturned on appeal.

From this article, discover why principal contractors are increasingly being pulled into litigation unnecessarily, and learn strategies to protect your business from costly and avoidable disputes.