Read ourPublications Page 2 of 2 Subscribe Publication type Commercial Property - Construction & Engineering - Corporate - Energy & Resources - Planning & Environment - Aug 2019 Ethical Supplier Mandate: Tougher guidelines for government suppliers More Summary The Ethical Supplier Mandate and Ethical Supplier Threshold update in the Queensland Procurement Policy will see taxpayer dollars spent on companies who do the right thing by workers via training, safety and fair wages. Are you ready to comply? Publication type Insurance - Aug 2019 Obvious risk – Is it really that obvious? More Summary A commonly pleaded defence, navigating obvious risk can be complex. This newsletter examines recent judgments and provides guidance on how to determine when a risk will be obvious. Publication type Jul 2019 Momentary misjudgment insufficient to crush plaintiff’s claim for damages More Summary This newsletter explores the issue of contributory negligence and serves a good reminder that when conflicting evidence is present in a case, a contemporaneous version of events will not always be given greater weight. 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 Insurance - Feb 2019 Injury Liability Gazette 10th Edition More Summary Our Injury Liability Gazette 10th edition provides a useful resource on cases relevant to insurance professionals. 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. « Previous1 2Next »