Read ourPublications Page 1 of 2 Subscribe Publication type Energy & Resources - Planning & Environment - Dec 2022 Queensland Land Court Considers Scope 3 Emissions and Human Rights Impacts More Summary Figure 1 Image taken from Waratah Coal Pty Ltd v Youth Verdict Ltd & Ors (No 6) [2022] QLC 21, page 48, [172], Figure 3.1, depicting, ‘Bimblebox Reserve on right; cleared grazing land on left’. The recent Waratah Coal Pty Ltd v Youth... Publication type Dec 2022 Carter Newell's 12 Cases of Christmas 2022 More Summary On the twelfth day of Christmas, the legislature gave to me, permanent reforms to suit the 21st century … In a post-script to our 2021 twelfth day of Christmas note, the Queensland legislation that we referred to came into force on 30 April 2022... Publication type Workplace Advisory - Dec 2022 Secure Jobs, Better Pay - significant amendments to the Fair Work Act More Summary The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) received Royal Assent on 6 December 2022, heralding in a raft of changes to the Australian employment landscape. A summary of some of the most significant amendments, as well as... Publication type Construction & Engineering - Dec 2022 Pricing rise and fall: where will we be in 2023? More Summary The last few years have been unforeseen periods of uncertainty in the construction industry in terms of consistency and pricing. Not only has there been the usual fluctuations in labour costs, but also significant variation in material supply cost and... Publication type Insurance - Nov 2022 Wrapped up in lies – credibility unravels in workplace injury claim More Summary A plaintiff’s history of forging medical certificates and university documentation has caught up with him in the New South Wales District Court, with credibility issues resulting in his claim for a workplace injury being successfully defended by his... Publication type Nov 2022 Australian Carriers’ Liability Guide More Summary Carter Newell is proud to release our first edition of the Australian Carriers’ Liability Guide. The focus of this Guide is on domestic carriage and the civil liability laws that regulate it. The publication is broken into three parts. Part 1:... Publication type Insurance - Nov 2022 A win (of sorts) for insurers More Summary In the recent decision of Newcastle Resources Pty Ltd v Certain Underwriters at Lloyd’s,1 the New South Wales Supreme Court held that insurers were not obliged to pay defence costs to an insured in respect of proceedings not covered by the... Publication type Planning & Environment - Nov 2022 Proposed amendments to Queensland environmental legislation More Summary Proposed amendments to environmental legislation Last month, the Queensland Government introduced into parliament the Environmental Protection and other Legislation Amendment Bill 2022 (EPOLA Bill 2022) which sets out changes to the Environmental... Publication type Insurance - Oct 2022 Occupiers Liability - Revisiting what is a Foreseeable Risk More Summary Devic v AMP Capital Investors Limited [2022] NSWDC 371 Occupiers of commercial premises are regularly and rightfully held to a high standard to avoid foreseeable risks of injury to entrants. Notwithstanding occupiers regularly face arguments which treat... Publication type Planning & Environment - Sep 2022 Albanese government’s rapid environment law reform agenda More Summary Federal environmental laws have been under the spotlight during the first 100 days of the Albanese Federal Government. Three significant announcements underpin what appears to be the start of sweeping reform of federal environmental legislation, as well... Publication type Workplace Advisory - Sep 2022 Fair Work Commission decides Deliveroo driver is not an employee More Summary The Full Bench of the Fair Work Commission applied recent High Court authorities when determining that a Deliveroo driver was not an employee. The law regarding the characterisation of relationships between employers and workers has seen significant... 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 Aug 2022 Medical Malpractice Gazette 2nd edition More Summary Carter Newell's Medical Malpractice Gazette (2nd edition) features a number of noteworthy cases from within the healthcare sector. 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 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 - 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. « Previous1 2Next »
