Read ourPublications Page 1 of 8 Subscribe Publication type Apr 2024 First Party Insurance in Australia: Legal Essays More Summary Projects, Insurance and Litigation Partner Patrick Mead has released his latest book, First Party Insurance in Australia: Legal Essays. This collection of 12 essays is intended as a valuable resource for insurers of first party risks, and their advisors,... Publication type Corporate - Apr 2024 Securing your interest on the PPSR More Summary If your business has entered into a commercial arrangement for the supply of your personal property, you may be able to protect your interest in that personal property by registering a security interest on the Personal Property Securities Register (PPSR).... Publication type Workplace Advisory - Mar 2024 The Right to Disconnect More Summary Recent amendments to the Fair Work Act 2009 (Cth) (FW Act) provide employees with new rights to disengage from work-related communications outside of their... Publication type Insurance - Feb 2024 The consequences of no notification revisited: Fairbank Haven v Merkon Constructions More Summary The Supreme Court of Victoria has recently handed down its decision of Fairbank Haven Pty Ltd v Merkon Constructions Pty Ltd [2024] VSC 32. The decision... Publication type Insurance - Feb 2024 Revisiting the duty of utmost good faith (and a win for insurers) More Summary This important case provides insight in how a court examines an insurers’ duty and the processes adopted by an insurer in avoiding cover. Publication type Dec 2023 12 ‘working’ days of Christmas countdown More Summary On the 1st day of Christmas, the Federal Court gave to me... No privilege for a report on cyber-security… In September 2022, Optus was the subject of a cyber incident potentially affecting over 9 million people. Optus engaged Deloitte to undertake... Publication type Nov 2023 Upcoming changes to Fixed Term and Maximum Term Contracts More Summary From 6 December 2023, the following limitations will apply to the use of fixed term and maximum term1 employment contracts: Time limitation: A fixed term contract cannot be for longer than two years, including extensions and renewals. Renewal limitation:... Publication type Nov 2023 Australia’s first test case on the public interest defence More Summary The Federal Court has delivered the first decision regarding the new public interest defence to defamation claims1 The decision in Russell v Australian Broadcasting Corporation (No 3) [2023] FCA 1223 (Russell v ABC) is an important development in the... Publication type Nov 2023 A bump in the road More Summary Carter Newell Lawyers has recently successfully defended a claim made by Mr. Shawn Morris against the State of Queensland in the matter of Morris v Evolution Traffic Control Pty Ltd & Anor1. Claim circumstances On 3 August 2018, then 50-year-old Mr.... Publication type Insurance - Sep 2023 Expert witness immunity re-examined in Hastwell v Parmegiani More Summary Authored by Partner, Michael Bath and Research Law Clerk, Emily Calbert Introduction In Australia, expert witnesses have immunity from suit when they are instructed to prepare an expert report for use in litigation. That immunity also applies in relation... Publication type Insurance - Aug 2023 Boyded Industries Pty Ltd v Bluth & Ors More Summary In the matter of Boyded Industries Pty Ltd v Bluth & Ors1, the New South Wales Supreme Court has recently provided a useful reminder of the approach courts will take when considering a case involving a lost chose in action caused by a... Publication type Aug 2023 Australian Civil Liability Guide 12th edition More Summary The latest edition of Carter Newell's Australian Civil Liability Guide is now available. The 12th edition of Carter Newell's Australian Civil Liability Guide provides an updated and comprehensive overview of the legislation and case law relevant... 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 Litigation & Dispute Resolution - Cyber Risk - Cyber Security - Apr 2023 I’ve been scammed, can I recover my loss from the counterparty? More Summary Wire Transfer Fraud also commonly known as Business Email Compromise (BEC), typically involves a third party (the fraudster) infiltrating the IT systems of a business and waiting for the opportune moment to trick an unknowing recipient into giving money... Publication type Litigation & Dispute Resolution - Apr 2023 Insolvency update: recent High Court clarification More Summary Metal Manufacturers Pty Ltd v Morton and Bryan v Badenoch Integrated Logging Pty Ltd In its first decisions for 2023, the High Court has provided liquidators and creditors with long awaited clarification on two important issues relating to insolvency and... 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... « Previous1 2 3 4 5 6 7 8Next »