Read ourNewsletters and Alerts Page 1 of 4 Subscribe Publication type Insurance - Aug 2023 Decoding Vicarious Liability: Insights from the Schokman Case More Summary The judgment of Edelman and Steward JJ In the recent decision of CCIG Investments Pty Ltd v Schokman1 contains a fascinating examination with respect to the history and application of the doctrine of vicarious liability, and perhaps a glimpse of where... Publication type Aug 2023 Unfair Contract Terms: lessons from Perera v Bold Properties in ‘construction’ of price escalation clause More Summary With amendments to the Competition and Consumer Act 2010 (Cth) coming into effect in November 2023 and expanding the remit of unfair contracts legislation to a wider range of construction contracts, it is important for contractors to be aware of... Publication type Insurance - Jul 2023 Council’s appeal is a hole in one More Summary Background The Queensland Court of Appeal recently allowed an appeal by the Townsville City Council (the Council) in Townsville City Council v Hodges [2023] QCA 136. The case involved a plaintiff (respondent to the appeal) Ms Hodges who was walking across... Publication type Insurance - Jul 2023 New South Wales confirms advocate’s immunity applies to pleadings More Summary In the decision of Capello v Lyons [2023] NSWCA 137 the New South Wales Court of Appeal undertook a consideration of the extent Publication type Workplace Advisory - May 2023 Shutdown periods and forced leave: are you familiar with your business’ obligations? More Summary For the past 13 years, many employers have relied upon terms in modern Awards, which permitted employers to: Shut down their business, or a part of their business, typically over the Christmas/New Year period; Direct employees to take accrued annual leave... Publication type Energy & Resources - Energy, Resources & Renewables - Mar 2023 Queensland is stepping up its pace in the renewable hydrogen race More Summary It is anticipated that by 2030 Queensland will be at the forefront of renewable hydrogen production in Australia. Queensland is uniquely placed to grow its domestic and export hydrogen industry with established renewable energy resources, existing... Publication type Insurance - Mar 2023 The NSW Court of Appeal Confirms the Scope of a Solicitor’s Duty to Advise Clients More Summary Case In Focus: Shoal Bay Beach Constructions No. 1 Pty Ltd v Mark Hickey & the persons listed in Schedule A to the Notice of Appeal trading as Sparke Helmore [2023] NSWCA 23 The New South Wales Court of Appeal recently considered the scope of a... Publication type Insurance - Mar 2023 The Peer Professional Opinion Defence More Summary All State (but no Territory) jurisdictions in Australia contain a provision in their civil liability legislation whereby a professional can defend a claim alleging a breach of a duty of care by asserting that the impugned conduct was consistent with what... Publication type Feb 2023 Scope of duty of care re-examined in a recent burns case More Summary By Peter Dovolil - Partner & James Mullins - Solicitor A case involving a house party, a jerry can of fuel and a person subsequently being set alight was recently considered in Ryan & Anor v Dearden & Anor [2023] QCA 20. The case, which was an... Publication type Commercial Property - Feb 2023 Property Alert – February 2023 More Summary Property law reform is expected in Queensland over the next 12 months. The first item of reform is the e-Conveyancing mandate that comes into effect next week. e-Conveyancing Mandate From Monday, 20 February 2023, certain instruments and documents needed... 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 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 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... « Previous1 2 3 4Next »
