Read ourNewsletters and Alerts Page 3 of 4 Subscribe Publication type Construction & Engineering - Work Health & Safety - Nov 2019 CFMMEU contravenes the Fair Work Act More Summary Right of entry lands Union in hot water Publication type Oct 2019 Myer class action – significant findings on causation and reliance More Summary A recent class action judgment examines the essential steps companies should take to fulfil their disclosure obligations. Publication type Oct 2019 Contractual Insurance Clauses – Is Erect Safe still good law? More Summary When it comes to insurance provisions, is Erect Safe the correct approach and still considered good law? Publication type Oct 2019 Security for costs – now available for order against third parties More Summary Historically, orders for security for costs have been made against the funded party. However, in a recent class action proceeding, payment of security was ordered directly against the non-party funder. Publication type - Professional Service Providers - Oct 2019 Director fails to access ASIC’s pre-litigation witness communications More Summary Seeking to rely on litigation privilege? A decision reconfirms the relevant principles for withholding documents from disclosure on the basis of legal professional privilege. Publication type - Professional Service Providers - Sep 2019 Court clarifies solicitors' pre-litigation duty to clients More Summary For solicitors and their insurers, a recent decision provides a valuable reminder of the importance for solicitors to ensure their clients are fully aware of the material risks of litigation, before commencing proceedings. Publication type Sep 2019 Unfair contract terms regime to be extended to insurance contracts More Summary The Treasury Laws Amendment (Unfair Terms in Insurance Contracts) Bill has been released and proposes an extension of the unfair contract terms regime to insurance contracts. Publication type Sep 2019 Self-represented legal practitioners can no longer claim professional costs More Summary The 'Chorley' exception, dating back over the past 135 years, is no longer considered good law in Australia and has recently been abolished. Publication type Sep 2019 3 things you need to know about AFCA and ASIC post-Royal Commission More Summary Public awareness of poor corporate behaviour has increased following the Financial Services Royal Commission. As a result, AFCA and ASIC now have additional powers they will start to utilise later this year. Publication type Aug 2019 In what circumstances will settlement agreements be set aside in historical sexual abuse cases? More Summary This newsletter explores the court’s discretion to set aside previously reached settlement agreements for historical child sexual abuse claims. Publication type Commercial Property - Aug 2019 Paper titles becoming obsolete in Queensland More Summary Queensland Parliament have made an amendment to the Land Title Act 1994 (Qld) which will see paper certificates of title no longer having any legal effect from 1 October 2019. Publication type Commercial Property - Construction & Engineering - Corporate - Energy & Resources - Planning & Environment - Aug 2019 Ethical Supplier Mandate: Tougher guidelines for government suppliers More Summary The Ethical Supplier Mandate and Ethical Supplier Threshold update in the Queensland Procurement Policy will see taxpayer dollars spent on companies who do the right thing by workers via training, safety and fair wages. Are you ready to comply? Publication type Aug 2019 Obvious risk – Is it really that obvious? More Summary A commonly pleaded defence, navigating obvious risk can be complex. This newsletter examines recent judgments and provides guidance on how to determine when a risk will be obvious. Publication type Jul 2019 Momentary misjudgment insufficient to crush plaintiff’s claim for damages More Summary This newsletter explores the issue of contributory negligence and serves a good reminder that when conflicting evidence is present in a case, a contemporaneous version of events will not always be given greater weight. Publication type Jun 2019 To what extent must financial advisers know their clients? More Summary A Supreme Court of Queensland decision emphasises the importance of financial advisers enquiring into their clients’ personal circumstances and cautioning on the material risks of the advice. Publication type Energy & Resources - Jun 2019 Natural Resources and Other Legislation Amendment Act 2019: Key changes for explorers More Summary Parliament has passed the Natural Resources and Other Legislation Amendment Act 2019 which amends a substantial number of resources legislation. Publication type Jun 2019 An insurer falls foul of a contractual deeming clause More Summary A recent case provides an important reminder why policy wordings should be regularly reviewed to ensure any changes in applicable case law and legislation have been taken into account. Publication type May 2019 Excavator digs itself into a deep hole with respect to property loss More Summary The case of Delta Pty Ltd v Mechanical and Construction Insurance Pty Ltd provides a useful reminder of the importance of having appropriate insurance cover for any given project. Publication type Apr 2019 Brother v Brother: Case of the Red Bath Mat More Summary A recent District Court of New South Wales decision examines a case where siblings go to court over a bath mat and who was at fault for a slip and fall. Publication type Mar 2019 Admit to obvious errors, or risk a finding of deceit with indemnity costs More Summary A recent Federal Court of Australia decision reiterates professionals should act honestly and appropriately at all times, or pay the cost. « Previous1 2 3 4Next »
