Read ourPublications Page 28 of 34 Subscribe Publication type Sep 2010 Insurance Newsletter September 2010 More Summary It is hoped new legislation designed to simplify real estate sales will reduce the prospect of claims against solicitors, real estate agents, valuers and financial institutions. By Mark Brookes, Partner | mbrookes@carternewell.com The Supreme Court of... Publication type Sep 2010 Patel conviction requires broad interpretation of Criminal Code provision More Summary Dr Jayant Patel was recently convicted and sentenced by the Supreme Court of Queensland on three counts of manslaughter arising out of criminal negligence. The conduct in respect of which the convictions were sought was the performance of surgical... Publication type Sep 2010 Strategic Cropping Land: the proposed new framework More Summary The Queensland Government considers "Queensland's best cropping land, defined as strategic cropping land, to be a finite resource that must be conserved and managed for the long-term for food production and regional growth." The policy framework... Publication type Aug 2010 Ensure your termination procedures are in order More Summary The process used to terminate an employee's employment needs to be carefully considered. Cascading restraint of trade clauses in employment contracts can be enforced, however care needs to be taken in their drafting. By Clayton Payne, Senior Associate,... Publication type Aug 2010 Policy definition of 'claim' under the microscope More Summary In Cassidy v Leslie [2010] NSWSC 742, the New South Wales Supreme Court was required to determine whether the contents of an email to a valuer asserting the possibility of a substantial shortfall in the value of a property constituted a "claim"... Publication type Aug 2010 Third parties to obtain benefit of section 54 of the Insurance Contracts Act 1984 (Cth) More Summary The New South Wales Court of Appeal has extended the benefit of section 54 of the Insurance Contracts Act 1984 (Cth) beyond insureds, to apply to third parties seeking the benefit of cover available to an insured. By Mark Brookes, Partner |... Publication type Jul 2010 "Can I be sent to jail?" Workplace health and safety laws - the liability of executive officers and the potential cost of prosecutions to business More Summary Often when instructions to act in workplace health and safety prosecutions are received, most senior officers and managers are aware that their company may be exposed to a financial penalty. What they then usually ask is “Can I be sent to... Publication type Jul 2010 Re-examination of the use of indemnity clauses: Drafting and reviewing indemnities More Summary Regardless of (and in many senses because of) the recent fluctuations in the local and global economic outlook, managing risk is more crucial than ever. The appropriate use of contractual indemnities, as well as a broader attention to detail on risk... Publication type Jul 2010 What can you blame your boss for? More Summary Claims by employees are often notified under employment practice and management liability policies, in relation to issues of unfair dismissal or harassment. This article considers recent cases where personal injury claims have been made against employers,... Publication type Jun 2010 Constructive Notes June 2010 More Summary Having recently considered specific loss scenarios, the meaning of defective design and workmanship generally is examined. Professional indemnity policy response in relation to a contractor's design and construct cover is also addressed by reference to a... Publication type Jun 2010 Litigation & Dispute Resolution Newsletter June 2010 More Summary Interference with creditors' rights against a third party: normal or novel? The High Court's decision in Lehman Brothers is topical given the number of insolvency matters presently that involve corporate groups, particularly in the managed investment... Publication type Jun 2010 Significant changes to workers’ compensation and workplace health and safety legislation in Queensland – what is the impact on general insurers? More Summary The Workers' Compensation and Rehabilitation and Other Legislation Amendment Bill 2010 was passed on 9 June 2010 and will commence on 1 July 2010. The Bill was introduced in response to a review of WorkCover Queensland and enacts several significant... Publication type May 2010 A new way of managing land access in Queensland More Summary The Queensland government released the Geothermal Energy Bill on Wednesday 19 May 2010. While a key focus of the new Bill is the introduction of a new legislative regime governing large scale geothermal energy exploration and production projects, the Bill... Publication type May 2010 Applications to extend limitation periods - Part 2 More Summary Even if claimants demonstrate a "material fact of a decisive character" and a prima facie cause of action sufficient to extend the limitation period, leave can nevertheless be refused due to discernable prejudice to the respondents attributable to delay.... Publication type May 2010 Aviation Newsletter May 2010 More Summary In this Autumn edition of the Carter Newell Aviation newsletter, we discuss two recent European cases on the scope of carriers' liability for cancelled and significantly delayed flights and the entitlement for affected passengers to claim remedies... Publication type May 2010 Contract Works Insurance: Stainless steel piping failures More Summary A number of claims have been encountered with respect to deterioration and failures of welds and joints in stainless steel piping. Often times, a deterioration in the piping itself is observed and the occurrence of 'pin holes' noted. Failures of this... Publication type May 2010 Geothermal Energy Bill 2010 More Summary The Queensland government has released draft legislation to govern large scale geothermal energy projects. The proposed legislation structure is similar to the existing petroleum and gas regime, and will introduce a further potential layer to the... Publication type May 2010 PAMDA - Sense at last More Summary Proposed amendments to the Property Agents and Motor Dealers Act 2000 will address many of the problems the Act currently causes for residential property sales Peter Nugent, Special Counsel Commercial Property Newsletter, May 2010 Publication type May 2010 The rigid time limits of defamation actions More Summary Defamation proceedings have a limitation period of only one year, and the Queensland Court of Appeal has recently strictly applied the statutory obstacles to extending that time. by Jason Savage, Associate and Mark Brookes, Partner |... Publication type Apr 2010 Contract Works Insurance: Scratched glass claims More Summary It is not uncommon on major building projects for scratching to glass panes or panels to be observed pre practical completion (or during the defects liability period), and a question can thus arise as to whether contract works policies are likely to... « Previous1 2 ... 26 27 28 29 30 31 32 33 34Next » View our latest publications