Read ourPublications Page 3 of 7 Subscribe 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 Insurance - Jun 2022 Professional and Management Liability Gazette 9th edition More Summary This Edition covers recent decisions involving a wide range of professionals including brokers, building consultants, medical practitioners, solicitors & barristers, in addition to claims relating to policy interpretation and procedure. 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 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 Injury Liability Gazette 14th edition More Summary This edition examines cases relevant to insurance professionals and highlights, to insurers and insureds alike, key risks regularly faced. 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 - 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 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. Publication type Energy & Resources - Dec 2021 Queensland Government releases draft Queensland Resources Industry Development Plan More Summary The Government has released a draft of the QRIDP, setting out its 30 year vision for the industry to address global challenges facing the sector. Publication type Nov 2021 Insurance Policy Exclusion for 'Flood': Landel Pty Ltd & Anor v Insurance Australia Ltd [2021] QSC 247 More Summary Queensland Supreme Court upholds insurer on flood exclusion. Publication type Insurance - Oct 2021 Trial Judge’s findings on nuisance up in flames More Summary In a recent a recent decision of the New South Wales Court of Appeal, the Court clarified a key element necessary to establish liability in nuisance. Publication type Insurance - Jul 2021 Sections 28(2), 28(3) and 40(3) of the ICA considered More Summary A recent decision of the NSW Court of Appeal provides valuable guidance as to what courts will consider to be a valid notification of a claim or circumstances. Publication type Insurance - Jun 2021 Settlement offers – are they really protecting your costs position? More Summary Defendants and insurers need to carefully consider whether a Calderbank offer will provide the intended cost protection. Publication type Insurance - Jun 2021 Setting aside settlement agreements in historical sexual abuse cases - the High Court provides clarity for Queensland More Summary The High Court considers whether it is ‘just and reasonable’ to set aside settlement agreements in historical sexual abuse cases in Queensland. Publication type Insurance - Jun 2021 Utmost good faith when investigating and assessing claims More Summary A recent decision by the Federal Court of Australia offers useful guidance for insurers in relation to the extent of their obligations when investigating and assessing an insured’s claim for indemnity. « Previous1 2 3 4 5 6 7Next »