Read ourNewsletters and Alerts Page 2 of 4 Subscribe Publication type Insurance - Aug 2022 Calderbank offers revisited More Summary A recent decision of the Victorian Court of Appeal confirms that an important factor in determining whether the rejection of a Calderbank offer is unreasonable is whether a bona fide compromise of the dispute has been offered.1 Background The applicant... Publication type Insurance - Aug 2022 Defences to Intentional Torts – Duty and Intoxication More Summary The recent decision of Hannam v State of New South Wales (No 9) [2022] NSWSC 648 provides a useful update on how courts approach defences to negligence and intentional tort claims in the context of violence (or perceived violence) and intoxication. Publication type Energy & Resources - Jul 2022 Queensland Government releases final version of the Queensland Resources Industry Development Plan More Summary Publication type Insurance - Jul 2022 Hot Work Exclusions – The Devil is in the Detail More Summary Publication type Insurance - Jul 2022 Court confirms the bar for safety is sky-high More Summary Policy coverage denied to defendant scaffolder based on a reasonable precautions clause requiring compliance with Australian Standards and safety regulations. Publication type Insurance - Jul 2022 Occupiers’ duty of care extends to prevention of harm caused by criminal act at a private party More Summary Dearden v Ryan [2022] QSC 111 reinforces the scope of an occupier’s duty of care is dependent upon facts, circumstances and context in which the duty arises. Publication type Litigation & Dispute Resolution - Cyber Risk - Cyber Security - May 2022 Lessons from ASIC’s cyber security test case More Summary Cyber security and resilience is part of good governance. This newsletter examines the need for officers to take cyber security seriously by developing systems and controls with the assistance of qualified experts. Publication type Insurance - May 2022 COVID-19 causes event cancellation and triggers policy exclusion More Summary An infectious disease exclusion clause in an event cancellation insurance policy was engaged in circumstances where a music festival was cancelled as a result of COVID-19. Publication type Insurance - Apr 2022 The risky business of dangerous recreational activities More Summary The High Court recently handed down a judgment concerning duty of care, breach and obvious risks within the context of dangerous recreational activities. Publication type Planning & Environment - Apr 2022 Polluter Pays: Environmental Protection Legislation Amendments in New South Wales More Summary The newly enacted Environmental Legislation Amendment Act 2022 (NSW) amends current environmental protection legislation in New South Wales. Publication type Workplace Advisory - Apr 2022 7-Eleven facial recognition tool breached customer privacy More Summary The Office of the Australian Information Commissioner commenced an investigation into 7-Eleven’s use of the facial recognition tool and found that 7-Eleven failed to meet the requirements of the Australian Privacy Principles. Publication type Planning & Environment - Apr 2022 The EPBC Act Review: An Update More Summary The recently released Budget reform package is hoped to ‘help protect the environment, while supporting economic recovery and helping to create jobs in regional and rural communities’. Publication type Energy & Resources - Mar 2022 Electronic signing – What’s changed and what you need to know More Summary Temporary changes to the Corporations Act 2001 (Cth) facilitating electronic execution of documents, which were originally introduced as a temporary COVID measure in 2020, have now been made permanent. Publication type Insurance - Mar 2022 Common sense prevails - Novel duty of care overturned More Summary Climate change is already giving rise to public liability claims. Entities and their insurers need to be considering their risks and the steps they can take to mitigate those risks. Publication type Insurance - Mar 2022 Insurance Fraud: What does it take to prove who lit the match? More Summary Introduction Insurance fraud in Australia has been estimated to cost up to $2.2 billion every year,1 and with the emergence of COVID-19, the expectation is this will increase. COVID-19 has placed increased financial pressure on a range of business sectors... Publication type Insurance - Mar 2022 Employee or Independent Contractor? High Court provides direction More Summary The High Court examined two cases that explore how the court may determine whether a worker is an employee or independent contractor. Publication type Insurance - Feb 2022 The scope of a solicitor’s duty of care to a third party More Summary The extent to which solicitors may owe a duty of care to third parties was considered by the New South Wales Supreme Court recently. Publication type Cyber Risk - Cyber Security - Feb 2022 Australia vs the United States: A comparison of cyber crime trends More Summary We examine and compare the newly released 2021 Annual Data Breach Report from the Identity Theft Resource Center with local trends in Australia. Publication type Insurance - Jan 2022 Consultation obligations crucial for employers considering mandating COVID-19 vaccination More Summary In response to the COVID-19 pandemic, employers who have implemented vaccine mandates for their employees are now facing various legal challenges. Publication type Litigation & Dispute Resolution - Dec 2021 Carter Newell's 12 Cases of Christmas 2021 More Summary On the eigth day of Christmas, the Victorian Supreme Court gave to me, egregious breaches of the paramount duty. « Previous1 2 3 4Next »
