Read ourPublications Page 24 of 34 Subscribe Publication type Apr 2013 GasFields Commission to establish a Conduct and Compensation Agreements register More Summary Introduction The Queensland Government has passed laws to formally establish the GasFields Commission Queensland and to define its role in promoting better relationships between landholders and coal seam gas proponents. The Commission will be given a... Publication type Apr 2013 Section 73 of the Personal Injuries Proceedings Act 2002 (Qld) More Summary The legislation Section 73 of the Personal Injuries Proceedings Act 2002 (Qld) (PIPA) relates to false or misleading information given by a claimant to a respondent or contributor. It applies to both statements and documents given by a claimant (ss 73(2),... Publication type Apr 2013 When it comes to the crunch! More Summary The recent decision by the Supreme Court of Queensland delivered 15 March 2013 involving A & B Grains Pty Ltd (plaintiff) and Launcells Feedlot Systems Pty Ltd (defendant) acts as a reminder for the need to have a solid case before getting involved in... Publication type Mar 2013 De Facto Directors - Lurking in the Company's Shadow More Summary Introduction The recently reported case in the matter of Idylic Solutions Pty Ltd - Australian Securities and Investments Commission v Hobbs [2012] NSWSC 1276 provides yet another example of the Court's willingness to identify people as de facto... Publication type Mar 2013 Directors' and Officers' Liability - It's a Jungle Out There More Summary Introduction D&O insurance cover offers protection for directors and officers and is often required to secure their appointment to company boards because claims against directors and officers can involve substantial damages or financial penalties, and... Publication type Mar 2013 Impending changes to Australia’s Aviation Liability Legislation More Summary A reminder that the Aviation Legislation Amendment (Liability and Insurance) Act (2012) (Cth) will come into force on 31 March 2013. The commencement of this Act will see key changes to critical aspects of both the Civil Aviation (Carriers' Liability)... Publication type Mar 2013 The Court of Appeal does some heavy lifting - overturns a labour hire trial judgment More Summary The New South Wales Court of Appeal has overturned a decision of its trial court, finding that the employer and host employer of a plaintiff who injured his back while moving furniture did not breach their duty of care. The decision of Transpacific... Publication type Mar 2013 The Rocky Road to Damages More Summary Carter Newell recently acted on behalf of the Second Defendant in the matter Richard Craig Adam v Skilled Group Limited and National Foods Limited1 which went to trial in Rockhampton on 31 January 2013. The 48 year old male plaintiff was allegedly injured... Publication type Mar 2013 Who owns you? More Summary Cancer Voices Australia v Myriad Genetics Inc [2013] FCA 65 This decision is one of the earliest judicial assessments worldwide in relation to intellectual property entitlements of human tissue. Introduction In Cancer Voices Australia v Myriad Genetics... Publication type Feb 2013 Queensland Courts weigh in on coal seam gas protests - Hutton v The Queensland Police Service More Summary Introduction The Queensland District Court has dismissed obstruction charges against Lock The Gate organiser Drew Hutton after finding that the coal seam gas company at the centre of the blockade failed to warn protesters that it was an offence to... Publication type Feb 2013 Who requires D&O cover? More Summary Introduction Following on from our recent newsletters regarding developments relevant to D&O policies, this newsletter looks at the way the Courts have interpreted who is a director and officer for the purposes of the Corporations Act 2001 (Cth) (the... Publication type Jan 2013 Bridgecorp - A Christmas present for Directors from the NZ Court of Appeal More Summary Introduction It is generally accepted that D&O insurance cover needs to be arranged by companies for the protection of its directors and officers, not least to secure the best appointees. This is because claims against directors and officers often... Publication type Jan 2013 Queensland government flags BCIPA review More Summary The Queensland government delivered an early Christmas present to the local building and construction industry by flagging a long-awaited review of the Building and Construction Industry Payments Act 2004 (Qld) ("BCIPA"). On 21 December 2012,... Publication type Jan 2013 Queensland’s land access laws under review More Summary In brief: Government to review the statutory heads of compensation under the resource Acts. Additional jurisdiction for the Land Court to determine matters pertaining to conduct. CCAs to be noted on title. ADR processes to be integrated into Land Court... Publication type Jan 2013 The entitlement of third parties to publicly examine insurers and access to insurance policies More Summary Introduction In our last newsletter1, we looked at the recent New Zealand Court of Appeal decision in Bridgecorp2. In the context of the increasing number of claims against directors and officers under D&O policies in the current economic climate,... Publication type Dec 2012 Developer caught out: oral assurance to architect deemed a 'construction contract' More Summary The Supreme Court of New South Wales has upheld an adjudicator's determination against a property developer in respect of architectural services rendered primarily under a Design and Construct contract with the developer's building contractor.... Publication type Dec 2012 Hotelier liability found to extend to actions of employee off premises More Summary The Supreme Court of New South Wales has recently handed down a decision in yet another incident involving an attack on a patron of licensed premises by an employee. These so called 'king hit' incidents have been the focus of much public attention and... Publication type Dec 2012 Relief for James Hardie directors after painful lessons learned More Summary Introduction The remnants of the High Court's decision in Australian Securities and Investments Commission v Hellicar [2012] ACA 17 might now be put to rest as a result of a decision handed down by the New South Wales Court of Appeal on 12 November 2012.... Publication type Nov 2012 Slip and fall down carpeted stairs: Sheehy v Hobbs [2012] QSC 333 More Summary Today's Supreme Court decision of Sheehy v Hobbs, in which we acted and obtained judgement for the defendant, reaffirms the law in relation to the duties owed by landlords to tenants of residential premises. The plaintiff, Catriona Sheehy, was rendered a... Publication type Nov 2012 The Frank Billy case: compensatory damages for culturally-specific services More Summary Introduction The Supreme Court of Queensland has handed down a landmark decision in Emily Kepa, for an on behalf of the estate and dependants of Frank Billy, deceased and Ors v Lessbrook Pty Ltd (in liq) [2012] QSC 311 (Frank Billy case), awarding an... « Previous1 2 ... 21 22 23 24 25 26 27 ... 33 34Next » View our latest publications
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