Read ourNewsletters and Alerts Page 4 of 4 Subscribe Publication type Mar 2019 Solicitor’s contemporaneous file notes found determinative in professional negligence action More Summary A recent decision by the New South Wales District Court showed the importance of solicitors keeping accurate file notes of oral communications with clients. Publication type Construction & Engineering - Mar 2019 Building professionals caught in the cross fire More Summary Lacrosse apartment tower litigation decision handed down by VCAT. Publication type Feb 2019 Supreme Court of the ACT provides a useful reminder of the steps a solicitor should take when acting for a client in a conveyance More Summary A recent case provides a useful reminder to solicitors and their insurers of the duty of care they have to a client in a conveyance. Publication type Construction & Engineering - Feb 2019 Defects and Retention changes to the QBCC Act arising from Building Industry Fairness reforms More Summary Amendments to the QBCCA introduced 17 December 2018 now expand to obligations with respect to both retention and defects liability. Publication type Feb 2019 Solicitor’s practising certificate cancelled immediately following two findings of professional misconduct More Summary A Queensland solicitor’s breaching of an undertaking to the QLS has resulted in the immediate cancellation of his practising certificate. QCAT found the respondent guilty of both charges, which were characterised as professional misconduct. Publication type Feb 2019 Insurance Policy exclusions for ‘flood’ and the importance of the language deployed - Part II More Summary This newsletter follows the January 2018 edition of Constructive Notes®, in which consideration was given to a number of case authorities in relation to the operation of commonly encountered insurance policy exclusions for ‘flood’. Publication type Feb 2019 Insurance policy exclusions for 'flood' and the importance of the language deployed More Summary This newsletter highlights the importance of language deployed in determining the application of an exclusion clause in a policy of insurance. Publication type Cyber Risk - Feb 2019 Three things you need to know about 2018’s biggest reported data breach - the Marriott hack More Summary With data breaches on the rise, a companies response time and immediate actions can significantly assist to minimise losses both monetary and reputational. What can we learn from the recent Marriott database breach? Publication type Jan 2019 Trip and fall injuries - Is there a higher duty of care for the elderly? More Summary With the population aging, the common occurrence of trip and fall incidents and claims are likely to increase. Where the claimant is elderly, it is often argued that a higher duty of care is owed, but is that the case? This issue was recently considered by the New South Wales Court of Appeal. Publication type Dec 2018 Monetary benefit orders are coming More Summary It is likely that the NSW EPA will lead the charge on using monetary benefit orders as a compliance tool for a breach of environmental laws in 2019. Will the other States follow? Publication type Dec 2018 Light My Fire: Perils Exclusions and Spontaneous Combustion More Summary In Dalby Bio-Refinery Ltd v Allianz Insurance Limited, the Federal Court reminds us that perils exclusions will be given their ordinary and natural meaning. However care should be taken where there are two competing interpretations, or where a term is undefined. Publication type Construction & Engineering - Dec 2018 Qld Update: Next tranche of Building Industry Fairness reforms to commence on 17 December 2018 More Summary Security of payment laws in Queensland will change again on 17 December 2018. Claimants and respondents alike need to be ready for the significant amendments. Publication type Dec 2018 Vegetation clearing laws – new essential habitat mapping More Summary The Queensland Government has just released a new version of the essential habitat mapping for South East Queensland. See whether your property is affected. Publication type Dec 2018 Royal Commission and Financial Planners - What's Next? More Summary The Royal Commission's recommendations on the financial advice industry are likely to cause significant changes to the scandal-prone sector. We've had a look at the Commissioner's interim report to try to work out what's likely to happen next. Publication type Corporate - Dec 2018 200,000 PPSR registrations to expire by 30 January 2019 - is yours one of them? More Summary Is your registration one of the 200,000 due to expire between now and 30 January 2019? Publication type Nov 2018 Breach of warranty of authority - what does a solicitor warrant in the course of a conveyancing transaction? More Summary This article considers the unsettled history of breach of warranty of authority during property transactions in circumstances of identity fraud. Publication type Nov 2018 192 reasons to check your aggregation clause - NSW Court decision considers aggregate claims More Summary Judicial confirmation appropriately worded aggregation clauses can limit insurers' exposure where there are multiple claims. Publication type Oct 2018 A triumph for clear drafting Court of Appeal refuses to imply a reasonable care standard to an absolute compliance condition More Summary The Western Australian Court of Appeal recently overturned a decision which implied a reasonableness standard into an otherwise unqualified policy condition. Publication type Energy & Resources - Jun 2018 Financial assurance – edging closer to reform More Summary We are edging ever closer to the implementation of Queensland’s new financial assurance regime with the release of the draft regulation and associated guidelines. Publication type Nov 2017 Mine rehabilitation and financial assurance – the new regime in Queensland More Summary In the days immediately prior to the announcement of the 2017 state election, the Queensland Government released the much anticipated Mineral and Energy Resources (Financial Provisioning) Bill 2017 (the Bill) after a short public consultation period. The... « Previous1 2 3 4Next »
