Read ourPublications Page 26 of 34 Subscribe Publication type Mar 2012 PIPA Disclosure - The latest case - Mahoney v Salt [2012] QSC 43 More Summary Introduction Mahoney v Salt1 is the latest in a string of cases dealing with a respondent’s disclosure obligations under the Personal Injuries Proceedings Act 2002 (Qld). In this decision, the Queensland Supreme Court dismissed a claimant’s... Publication type Mar 2012 Policy interpretation "in connection with" and "criminal" - Rian Lane v Dive Two Pty Ltd [2012] NSWSC 104 More Summary Introduction In the context of a coverage dispute involving claims against an insurer and broker, Rian Lane v Dive Two Pty Ltd1 considered two of the issues that can often be controversial in claims involving policy interpretation and the underlying... Publication type Mar 2012 Protect yourself against adverse interpretation - recommended amendments to standard form construction contracts More Summary Introduction With 2012 in full swing, it is an appropriate time to consider two recent issues which have led us to recommend amendments to standard form contracts. These issues are: the identification of reference dates (when payment claims may be made... Publication type Mar 2012 Systematic inspections: vigilance during initial inspections. Strong v Woolworths Ltd [2012] HCA 5 More Summary Introduction The High Court (“HC”) has recently considered the issue of causation in the context of a supermarket slip and fall. The facts of the decision are straightforward. The plaintiff in the primary proceedings, Ms Strong, was a customer... Publication type Mar 2012 Updated Case Note: Aircraft Technicians of Australia v St Clair & Ors More Summary Readers may recall our December 2010 Aviation newsletter regarding the Queensland Supreme Court decision of St Clair v Timtalla Pty Ltd & Anor [2010] QSC 296. Essentially, the Supreme Court found in favour of the Plaintiffs in their claim against the... Publication type Mar 2012 WA Court Considers Key Concepts: "Bringing an Action" and "Definition of Accident" More Summary Background The case of Newton v Network Aviation (‘the matter’) was heard in the District Court of Western Australia over two days with the Court’s decision handed down on 6 February 2012. The matter pertained to an Application by the... Publication type Feb 2012 Presentation - Put Call Options in Conveyancing More Summary Peter Nugent, Special Counsel in Carter Newell's Commercial Property team recently presented on the use of put call options in conveyancing transactions. The mutual put call option is a useful tool in conveyancing transactions in NSW and is commonly used,... Publication type Feb 2012 Presentation: Personal Property Securities Act More Summary Caren Klavsen, Senior Associate in Carter Newell's Corporate team recently presented a PPSA update at the Legalwise CPD Queensland conference. Caren's presentation covered: Where are we now? The timeline of reform Insolvency and recovery processes... Publication type Jan 2012 Queensland to introduce cash bidding system for exploration rights More Summary Highlights Resources companies will have to purchase the right to explore land in highly prospective areas. New exploration tenements in known resource areas will be put to tender subject to a cash bid condition. Coal explorers will now be subject to the... Publication type Jan 2012 Strategic Cropping Land conditions for resource activities released More Summary The Department of Environment and Resource Management (“DERM”) has released the standard conditions that will apply to resources companies undertaking low impact activities on strategic cropping land in Queensland. Under the Strategic Cropping... Publication type Jan 2012 Transfers of Queensland exploration tenements to be liable for duty More Summary Transfers of interests in exploration permits and authorities to prospect will be liable for duty up to 5.25% of the transaction value following a move by the Queensland Government to amend the definition of statutory licences in the Duties Act 2001.... Publication type Dec 2011 Brisbane short term trading market for natural gas More Summary Introduction Following the implementation of a short term trading market (STTM) for gas in Adelaide and Sydney mid last year, the operation of the market will extend to Brisbane, with the market 'going live' on 1 December 2011. Participation in the market... Publication type Dec 2011 Review of Land Access Law More Summary The Queensland Government is undertaking a review of the new land access and compensation regime introduced last year. An independent panel will examine the current Land Access Code and consult with industry and community stakeholders to assess the... Publication type Dec 2011 Too close to home? Restrictions on resources development near urban centres More Summary Overview Draft legislation introduced to give effect to Urban Restricted Areas policy. Resource exploration and production activities occurring within urban areas may have to be approved by local government before work can begin. Existing project... Publication type Nov 2011 Liability of company officers and the limited effect of certain contractual exclusions More Summary Introduction In October 2011, the Queensland Court of Appeal (QCA) (McMurdo P, Muir JA and Wilson AJA) delivered judgment in Stewart v White.1 The case involved allegations of negligence and breaches of the Trade Practices Act 1974 (Cth) (TPA) in respect... Publication type Nov 2011 Privilege preserved under PIPA More Summary Introduction Earlier this year, Carter Newell released a bulletin about the decision in Felgate v Tucker1 which, at that stage, was the latest in a line of cases dealing with disclosure of documents pursuant to the Personal Injuries Proceedings Act 1992... Publication type Nov 2011 Restraint of Trade Provision can be effective More Summary Introduction In the recent decision of Hunter v Koulouris1 the New South Wales Supreme Court was required to consider whether a restraint of trade clause in a business dissolution deed was reasonable, when determining a breach of contract claim. This is... Publication type Oct 2011 More hurdles for the Queensland resources sector - the Strategic Cropping Land Bill and the Urban Land Policy More Summary Overview Strategic Cropping Land Bill 2011 introduced to Queensland Parliament Will impact most tenement applications, including EPC, MDL, ML, ATP, PL and PPL Applications for tenements within 'protection area' will be significantly restricted Strategic... Publication type Sep 2011 HIH Claims Support Limited v Insurance Australia Limited [2011] HCA 31 More Summary Introduction In HIH Claims Support Limited v Insurance Australia Limited,1 the High Court of Australia considered dual insurance issues to determine whether a claim for equitable compensation could be made by HIH Claims Support Limited (HIHCSL), and... Publication type Sep 2011 PIPA Disclosure - latest developments More Summary Introduction Felgate v Tucker1 is the latest in a line of cases dealing with disclosure of documents pursuant to the Personal Injuries Proceedings Act (PIPA). In this decision, the Queensland Court of Appeal unanimously dismissed a claimant's request for... « Previous1 2 ... 23 24 25 26 27 28 29 ... 33 34Next » View our latest publications
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