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Professional Indemnity Insurance: Claims Made and Notified Policies and the Interface between s54 and s40(3) of the Insurance Contracts Act 1984 (Cth)

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). 
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.
In this article, Partner Patrick Mead highlights the key issues arising for contractors in respect of cover for political violence under a Contractors Comprehensive Plant Policy.
In this article, Partner Lara Radik and Associate Katie Proctor explore a recent High Court decision which opens a new avenue of redress for employees who have been unfairly dismissed.
23 January 2025
The Treasury Laws Amendment (Financial Market Infrastructure and Other Measures) Act 2024 (Cth) (Act) took effect on 1 January 2025. In this article, the Carter Newell team highlight the key information that you need to know and how to prepare.
On December 16 2024, the Court of Appeal handed down its judgment in Sky UK Ltd and MACE Ltd v Riverstone Managing Agency and others (Sky UK). The case was an appeal against the Order of HHJ Pelling KC (‘the Judge’) dated 24 August 2023 in respect of claims made by Sky UK Limited and Mace Limited under a construction all risks policy (‘the Policy’) underwritten by the defendant insurers (‘the Insurers’) .The Judge had been called on to consider the scope and effect of the Policy in respect of loss and damage allegedly suffered as a result of the widespread failure of the roof of Sky UK’s global headquartered building, known as “Sky Central” in Hounslow in West London.

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