Read ourPublications Page 1 of 31 Subscribe Publication type Insurance - 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 Insurance - 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 Insurance - 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 Insurance - 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 Insurance - 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. 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 Energy & Resources - Jan 2019 Petroleum Legislation Amendment Bill 2018 – Northern Territory to introduce 'appropriate person' test More Summary The Northern Territory government has moved one step closer to lifting its moratorium on onshore hydraulic fracturing with the introduction of the Petroleum Legislation Amendment Bill. James Plumb and Tim Bowles take a closer look at some of the changes to be introduced. 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 Insurance - 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 Insurance - 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. « Previous1 2 3 4 5 6 7 8 ... 30 31Next » View our latest publications
