Read ourPublications Page 1 of 2 Subscribe 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 - Sep 2021 A significant evidentiary omission results in a finding of an insignificant risk of harm More Summary The recent finding highlights the court will not be drawn on liability where there is limited direct and/or precise evidence. Publication type Insurance - Sep 2021 Apportionment of liability in claims involving solicitors and barristers More Summary Where a professional negligence claim is made against a solicitor or barrister, it may be possible to apportion the alleged losses to another party. Publication type Workplace Advisory - Sep 2021 Compelling COVID-19 vaccinations in the workplace: Real Estate Agencies More Summary One key question which is now commonly being posed is whether employers can compel their employees to undergo vaccination. Publication type Energy & Resources - Sep 2021 Changes to the Australian offshore oil and gas decommissioning framework More Summary There are changes happening to the offshore oil & gas decommissioning framework. Publication type Cyber Risk - Sep 2021 Australia vs United Kingdom: a comparison of data breach statistics More Summary Data breach reports indicate staff education is the best defence to ongoing security threats. Publication type Insurance - Sep 2021 School boy awarded damages in historical sexual abuse claim against teacher More Summary The Supreme Court of Queensland has awarded damages to a former high school student who claimed to have been the subject of sexual abuse by his teacher. Publication type Insurance - Aug 2021 Who is liable to pay compensation for an improperly lodged caveat – a solicitor or their client? More Summary A number of Australian jurisdictions have considered the question of who is liable to pay compensation for an improperly lodged caveat. Publication type Cyber Risk - Aug 2021 No penalty for Uber’s data breach affecting 1.2 million Australians More Summary This decision provides a timely reminder that an entity's obligations cannot be delegated under Australian Privacy Principles. Publication type Energy & Resources - Aug 2021 Queensland Land Court awards costs against landholder More Summary In making an award of costs against a landholder, the Land Court has provided useful guidance for parties engaging in mining compensation negotiations in Queensland. Publication type Cyber Risk - Jul 2021 The Information Commissioner's latest privacy breach determinations More Summary Considered by the Office of the Australian Information Commissioner, this newsletter details privacy complaints across a diverse range of circumstances. Publication type Cyber Risk - Jul 2021 Security Legislation Amendment (Critical Infrastructure) Bill 2020: could your organisation be caught? More Summary The Security Legislation Amendment (Critical Infrastructure) Bill 2020 (Cth) proposes extensive powers for the federal government in the event of a significant cyber-attack or natural hazard. 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 Construction & Engineering - Jul 2021 The danger of not getting subcontract programmes right More Summary This newsletter details a step-by-step approach on what to consider for subcontract programmes. 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 Workplace Advisory - Jun 2021 Queensland construction company hit with exclusion sanction after WHS breach More Summary An exclusion sanction has been imposed on a construction company for breaching work health and safety laws under the Code for the Tendering and Performance of Building Work 2016 (Cth). 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 Workplace Advisory - Jun 2021 Offensive, insulting and inappropriate. But is it sexual harassment? More Summary The Federal Court of Australia highlights in recent cases the difficulties that applicants face in discharging the burden of proof when allegations of sexual harassment are made. 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. Publication type Insurance - Jun 2021 Advocate’s immunity endorsed at appellate level again More Summary The New South Wales Court of Appeal has confirmed advocate’s immunity applies in the context of allegedly negligent advice from a solicitor to a client. « Previous1 2Next »
