Read ourPublications Page 32 of 34 Subscribe Publication type May 2008 Treasury Releases Draft Regulations - Announces Transitional Provisions for DOFIs More Summary Amendments to the Insurance Act 1973 will require all direct offshore foreign insurers (DOFIs) to obtain authorisation from APRA, and therefore become subject to Australia's prudential regime, prior to 1 July 2008 to remain in the market... By Mark... Publication type Apr 2008 Bouncing Back More Summary There have been several cases in which a patron of a club, hotel or similar establishment is assaulted by security guards or bouncers and seeks to hold the security firm that employed them vicariously liable. by Daniel Best, Partner |... Publication type Apr 2008 Don't argue...it's extravagent More Summary For many years the courts have had to determine disputes between insurers over the cost of motor vehicle repairs, where liability for the repairs has been admitted. By Glenn Biggs, Senior Associate and Wensley Cohen, Associate Publication type Apr 2008 Exemptions for DOFIs Finalised by Treasury More Summary In a newsletter published last month, we outlined the Federal Government's amendments to the Insurance Act 1973 and the various exemptions from the strict requirements on direct offshore foreign insurers (DOFIs) to become authorised insurers. Accordingly... Publication type Apr 2008 In Trouble? Help is at Hand (1) More Summary As Solicitors for REIQ Professional Indemnity Scheme - which is brokered through Aon Risk Services and underwritten by QBE Insurance (Australia) Ltd - Carter Newell provides a toll free telephone line that is staffed by a dedicated REIQ Scheme Claims... Publication type Apr 2008 The End of WorkChoices - Round One More Summary The new government has introduced and passed the first round of legislation amending the Workplace Relations Act 1996 (Cth) to start the removal of large components of the "WorkChoices" regime from the federal industrial relations system. By... Publication type Mar 2008 Carbon Capture and Storage – Liability Issues More Summary Carbon capture and storage (CCS), involves a lengthy process of capturing the carbon dioxide from industrial processes, transporting the carbon dioxide to the storage site and injecting it into the site for long term storage. This whole process attracts... Publication type Mar 2008 Overseas Insurers Now Require Federal Approval More Summary The Federal Government has passed amending legislation to the Insurance Act 1973 which will require direct offshore foreign insurers (DOFIs) to obtain authorisation to write insurance for Australian insureds or cease operating in the market as of 1 July... Publication type Feb 2008 Analysing Recent Developments in Relation to Risk More Summary Risk management has become increasingly important for nearly all commercial organisations operating in today's environment but perhaps no more so than for companies involved in major mining, civil or construction projects... by Patrick Mead, Partner |... Publication type Dec 2007 Construction Insurance - 'Other Insurance' Provisions More Summary Prior to the Insurance Contracts Act 1984, it was common for contracts of insurance to contain 'other insurance' provisions, which excluded or limited the insured's liability in the event that another insurer was liable for the same loss. by Patrick Mead,... Publication type Dec 2007 Contract Works Policies – "Damage" and Policy Exclusions with Respect to Defects in Design, Materials and Workmanship More Summary The Policy triggers of "Damage" and "Physical Damage" are considered before an analysis of recent authorities on the interpretation of Policy Exclusions with respect to defects in design, materials and workmanship. by Patrick Mead,... Publication type Nov 2007 First Charge Laid under Queensland's New Smoke Alarm Laws More Summary Readers will recall that an article in the July 2007 edition of the REIQ Journal reviewed the amendments made to The Queensland Fire and Rescue Service Act 1990. These changes, which came into effect on 1 July 2007, stipulate that all domestic dwellings... Publication type Nov 2007 Insured to be Wary of Unreasonable Settlements More Summary In CGU Insurance Limited v AMP Financial Planning Pty Ltd [2007] HCA 36, CGU Insurance Limited was the professional liability insurer of AMP under a claims made policy. Coverage under the policy extended to claims for civil liability against AMP and its... Publication type Insurance - Nov 2007 Policy Triggers in Construction Liability Insurance More Summary In the first of a two part article, policy triggers in construction liability insurance are analysed having regard to recent case authorities. Patrick Mead, Partner | pmead@carternewell.com Publication type Nov 2007 The sale of management rights: A Developer's obligations More Summary The Supreme Court of New South Wales recently considered a developer's obligations to community title schemes in the decision of Community Association PD NO270180 v Arrow Asset Management Pty Ltd & Ors NSWSC 257. by Paul Hopkins, Partner |... Publication type Nov 2007 The View to Clarity: Avoiding Misleading and Deceptive Conduct Claims More Summary Claims for misleading and deceptive conduct may be made against real estate agents under the Trade Practices Act (Cth) 1974 and the Fair Trading Act 1989 (Qld). Michael Gapes, Partner | mgapes@carternewell.com Publication type Nov 2007 Winning the credibility fight: Agent vindicated and buyers punished More Summary Carter Newell was recently successful in defending a Supreme Court action in which the buyers of a multimillion dollar property raised allegations of misleading and deceptive conduct against a real estate agent. The case demonstrates the importance of... Publication type Oct 2007 Labor’s I.R. Proposals - Are They “WorkChoices Lite”? More Summary With the federal election imminent, Labor's proposed changes to the Industrial Relation legislation is set to substantially change the workplace relations landscape if they gain power. These changes have been scrutinised. Clayton Payne, Associate Publication type Oct 2007 Liquidated Damages - The Law of Penalties More Summary The most common basis for an attack by a contractor on an otherwise operative liquidated damages clause is by arguing that the provision is penal in nature. by Patrick Mead, Partner | pmead@carternewell.com Publication type Sep 2007 Agent Stuck in the Middle More Summary The Supreme Court recently had to consider an application by a real estate agent, Alpha Realty, seeking an order that deposit monies held in its trust account be paid into Court pending the determination of a dispute between the agent and the parties to a... « Previous1 2 ... 26 27 28 29 30 31 32 33 34Next » View our latest publications
