Read ourPublications Page 27 of 34 Subscribe Publication type Aug 2011 Contractors beware: an unconditional bank guarantee is unconditional More Summary A recent Supreme Court of Queensland judgment in Ceresola TLSAG v Thiess Pty Ltd & John Holland Pty Ltd [2011] QSC 115 has upheld the essence of unconditional security and sounded a reminder that a Principal's entitlement to recourse to security can... Publication type Aug 2011 Lord Buddha Pty Ltd (ACN 117 265 988) v Paul Harpur [2011] VSC 366 More Summary Introduction The 2004 High Court decision in Butcher v Lachlan Elder Realty Pty Ltd1 considered whether a real estate agent can be said to have engaged in misleading or deceptive conduct where the agent passes on to the purchaser false information... Publication type Aug 2011 Piratical Seizure: Does capture of itself establish an actual total loss? More Summary There is no doubt the capture of a vessel followed by its destruction or its capture without the chance of recovery will amount to an actual total loss (ATL) under a marine insurance policy. However, where a chance of recapture remains, does that mere... Publication type Aug 2011 The slow erosion of immunity beachheads More Summary In Jones v Kaney,1 the Supreme Court (formerly sitting as the House of Lords) was confronted with equally competing principles of dispute jurisprudence. On the one hand, that no wrong should be without a remedy. On the other, that those participants... Publication type Jul 2011 Access to directors and officers’ policies - the emerging rights of shareholders More Summary Introduction Over recent years, there have been a number of applications by persons contemplating action against companies (or directors of those companies), seeking access to the liability insurance policies (including D&O policies) of those... Publication type Jun 2011 Emerging risks in the resources sector More Summary As the food versus mining debate continues, the Queensland Government has released more details of its controversial strategic cropping land policy, which will see prime farming land locked up from future mining development. While the policy is yet to be... Publication type Jun 2011 Supreme Court of Qld disallows plaintiff’s application to extend limitation period More Summary Acting on behalf of the second defendant, Carter Newell recently successfully defended an application by the plaintiff to pursue his claim by means of extending the limitation period. The Supreme Court of Queensland delivered its judgment in the matter of... Publication type May 2011 BCIPA Notes May 2011 More Summary Timing of payment claims - "on" or "from" the Reference Date? By Luke Preston, Special Counsel Two recent decisions in the Supreme Court of Queensland provide guidance as to the time for submitting payment claims and the formal... Publication type May 2011 Can a broker's knowledge be imputed to an insured? More Summary Section 21 Insurance Contracts Act 1984 (Cth) ("ICA") imposes upon insured parties, an obligation to disclose relevant information to their insurer. That section provides as follows: 21 The insured's duty of disclosure (1) Subject to this Act,... Publication type Apr 2011 Business Interruption Insurance More Summary Introduction Recent extreme weather events and other natural disasters across Australia, New Zealand and South East Asia have caused an unprecedented amount of damage, causing severe disruption not only to individuals, but also to the commercial and... Publication type Mar 2011 BCIPA Notes March 2011 More Summary Industry awaits outcome of BCIPA review By Luke Preston, Special Counsel Six years on since its enactment, the building and construction industry in Queensland now looks forward to the outcome of Queensland Building Services Authority's review of the... Publication type Mar 2011 Flood affected policy holders set to open the floodgates with claims against insurance brokers More Summary Many flood affected policy holders are coming to terms with the reality that they are either underinsured or precluded from making a claim due to certain policy exclusions. In an attempt to recover some of their losses following disputes over flood... Publication type Mar 2011 Mining companies exposed for liability for flood damage under environmental laws More Summary Delays in processing applications to allow flood water to be discharged from mines may leave mining companies exposed to liability under new laws which give rise to a duty to notify authorities and affected landholders of environmental harm. The Natural... Publication type Mar 2011 Pure economic loss and contracting to preserve your rights More Summary Pure economic loss and contracting to preserve your rights By David Rodighiero, Partner Recent decisions of the Supreme Courts in Queensland, New South Wales and Victoria have demonstrated that a superior contractor, in the absence of a contractual... Publication type Feb 2011 High Court strict interpretation of section 45 qualified by Queensland Supreme Court decision More Summary Nicholas v Wesfarmers Curragh Pty Ltd [2010] QSC 447 Further to the High Court's decision in Zurich Australia Insurance Limited v Metals & Minerals Insurance Pty Limited [2009] HCA 50 ("Zurich") (discussed in our March 2010 newsletter), the... Publication type Feb 2011 Land rich duty rebadged - Queensland introduces new landholder duty More Summary The State Government has recently announced important changes to the way duty is imposed on acquisitions of "land rich" companies in Queensland. From 1 July 2011, land rich duty will be replaced by landholder duty. Land rich duty currently... Publication type Feb 2011 Unfair dismissal update More Summary Is termination of an employee suffering from a degenerative medical condition unfair? In Davis v Lasting Changes Aged Care Services [2011] FWA788, Fair Work Australia ("FWA") ruled on whether it was unfair to dismiss the applicant because she... Publication type Jan 2011 Contract Works Insurance – Water Ingress – Damage and Physical Damage More Summary With the advent of heavy rain and flooding throughout much of Australia, it is relevant to consider whether ingress of water into site excavations and the like will satisfy the requirement in many contract works policies that there be 'damage' or... Publication type Jan 2011 Overlapping coal and CSG tenure – draft Mines and Petroleum Legislation Amendment Bill 2011 More Summary The Queensland State Government released the draft Mines and Petroleum Legislation Amendment Bill 2011 and associated consultation paper for public comment on 21 January 2011. The draft Bill is the result of a review by the Department of Employment,... Publication type Dec 2010 Cooper Creek Basin Wild River Declaration Proposal Released More Summary The Queensland State Government released its Cooper Creek Basin Wild River Declaration Proposal for public comment on 14 December 2010. Under the terms of the Proposal, the application of the Wild Rivers Act 2005 will be extended to the Cooper Creek Basin... « Previous1 2 ... 24 25 26 27 28 29 30 ... 33 34Next » View our latest publications
![Lord Buddha Pty Ltd (ACN 117 265 988) v Paul Harpur [2011] VSC 366](/img/cache/a2c6d916ca55cb03e7df2a70060f6edb-crop-200-200.jpg)
