Articles

Partner Luke Preston spoke as part of an international Insurance Law Global webinar panel discussing ‘Navigating Liability for Design: Key Considerations for Contractors, Professionals, and Insurers’ where Luke and the panel of other legal experts compared and contrasted the duties imposed on design and construction practitioners in the USA, France and Australia respectively.

With the rise of greenwashing litigation and securities class actions in Australia, the Carter Newell team investigate how Australia may see an increase in shareholder disputes related to companies’ D&I policies in the coming years. This article explores the likelihood of Australia seeing an increase in these types of disputes, with guidance from developments in the United States.

Partner Mark Brookes, Special Counsel Greg Stirling and Solicitor Hannah Hewitt examine the approach taken to recovery in the UK when an insured’s loss exceeds the limit of indemnity and discuss how those principles are applied in Australia.

Recent amendments to the Fair Work Act 2009 (Cth) (FW Act) introduce a new definition of employment, which legislates to overturn the effect of the 2022 High Court decisions in Jamsek and Personnel Contracting.

The Carter Newell Team investigates this case concerning a claim by an insured (the Insured) against its professional indemnity insurers (the Underwriters).

Partner Mark Brookes introduced and acted as moderator of an international Insurance Law Global webinar. This featured a panel of experts who compared and contrasted how damages are calculated in each of the following jurisdictions: Argentina, Australia, Italy, Spain, the UK and the USA.

The Carter Newell team investigates the recent Fair Work Commission decision of Andrew Goddard v Richtek Melbourne Pty Ltd [2024] FWC 979 which acts as a useful reminder to employers to carefully consider the risks and benefits of post-employment restraints when dismissing an employee.

If your business has entered into a commercial arrangement for the supply of your personal property, you may be able to protect your interest in that personal property by registering a security interest on the Personal Property Securities Register (PPSR).

Recent amendments to the Fair Work Act 2009 (Cth) provide employees with new rights to disengage from work-related communications outside of their regular working hours.

The Supreme Court of Victoria has recently handed down its decision of Fairbank Haven Pty Ltd v Merkon Constructions Pty Ltd [2024] VSC 32.

In December 2023, the Federal Court handed down its decision of ASIC v Zurich Australia Limited (No 2) [2023] FCA 1641.

Read on for our top 12 articles for 2023.