Read ourNewsletters and Alerts Page 2 of 4 Subscribe 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... 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 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 Litigation & Dispute Resolution - Cyber Risk - Cyber Security - 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. Publication type Insurance - May 2022 COVID-19 causes event cancellation and triggers policy exclusion More Summary An infectious disease exclusion clause in an event cancellation insurance policy was engaged in circumstances where a music festival was cancelled as a result of COVID-19. Publication type Insurance - Apr 2022 The risky business of dangerous recreational activities More Summary The High Court recently handed down a judgment concerning duty of care, breach and obvious risks within the context of dangerous recreational activities. Publication type Planning & Environment - Apr 2022 Polluter Pays: Environmental Protection Legislation Amendments in New South Wales More Summary The newly enacted Environmental Legislation Amendment Act 2022 (NSW) amends current environmental protection legislation in New South Wales. Publication type Insurance - Mar 2022 Common sense prevails - Novel duty of care overturned More Summary Climate change is already giving rise to public liability claims. Entities and their insurers need to be considering their risks and the steps they can take to mitigate those risks. Publication type Insurance - Mar 2022 Insurance Fraud: What does it take to prove who lit the match? More Summary Introduction Insurance fraud in Australia has been estimated to cost up to $2.2 billion every year,1 and with the emergence of COVID-19, the expectation is this will increase. COVID-19 has placed increased financial pressure on a range of business sectors... Publication type Insurance - Feb 2022 The scope of a solicitor’s duty of care to a third party More Summary The extent to which solicitors may owe a duty of care to third parties was considered by the New South Wales Supreme Court recently. Publication type Cyber Risk - Cyber Security - Feb 2022 Australia vs the United States: A comparison of cyber crime trends More Summary We examine and compare the newly released 2021 Annual Data Breach Report from the Identity Theft Resource Center with local trends in Australia. « Previous1 2 3 4Next »
