Read ourPublications Page 33 of 34 Subscribe Publication type Sep 2007 New Asbestos Laws - Agents Be Warned More Summary Recent changes to the Workplace Health and Safety Regulation (1997) have placed a significant onus upon owners and their agents to ensure all asbestos materials are removed, or adequately contained, prior to the sale or lease of commercial premises. Brett... Publication type Sep 2007 Sidelined by Injury More Summary The Latin phrase "volenti non fit injuria", or "volenti" for short, is a long-standing legal maxim that translates "to a willing person, no injury can be done". It means people who knowingly and willingly put themselves in... Publication type Aug 2007 ASIC Consultation on New Compensation Requirements for Australian Financial Service Lice More Summary ASIC's newly introduced compensation requirements for Australian Financial Service (AFS) Licence Holders are currently under consideration and scheduled to commence in early 2008. by Mark Brookes, Partner | mbrookes@carternewell.com and Rochelle Rieck,... Publication type Aug 2007 Carbon Capture and Storage in Queensland: Warning Signs for Producers? More Summary Queensland Department of Mines and Energy has released a discussion paper on geosequestration. The paper poses a number of issues requiring consideration by explorers and producers of petroleum in Queensland. by James Plumb, Associate Newsletter, March... Publication type Aug 2007 Claims Against Agents - How to protect your position and ensure the best possible defence More Summary Claims against real estate agents can arise from a number of different sources, including sellers, buyers, prospective buyers, landlords, tenants, and invitees or visitors to rental properties. We take this opportunity to remind agents of what steps they... Publication type Aug 2007 Club Found Liable for Injury Caused by Robbers More Summary In the decision of Brown v Drummoyne Sports Club Ltd a NSW District Court judge has found an exception to the general legal principle that an occupier is not responsbile for the criminal actions of third parties. The decision extends the exceptions to the... Publication type Aug 2007 Disciplinary Proceedings Against an Agent - A Rare Case More Summary In Department of Tourism, Fair Trading and Wine Industry Development v White [2007] CCT PD018-06, the Commercial and Consumer Tribunal recently exercised its disciplinary powers against a real estate agent in a case involving the provision of false... Publication type Aug 2007 ISR Insurers Denial Goes Down in Flames More Summary This case illustrates that Insurers must be cautious in declining claims based upon failure to take reasonable precaution to prevent damage, that evidence must be solid to prove fraudulence, and business continuity costs may be implicated by delayed... Publication type Aug 2007 Responsibility for Failure to Certify Progress Payments - Where are we now? More Summary It had long been considered that parties entering into standard construction contracts could take some comfort from the certainty in the manner in which their rights and obligations were interpreted. It had been judicially recognised that one of the... Publication type Jul 2007 Building Contracts - A Contractor's Perspective Part 1 as 2124 and Part 2 as 4300 More Summary A buoyant construction market in many parts of Australia means that many contractors feel able to negotiate in relation to contractual amendments traditionally proposed by principals to construction contracts which significantly alter the risk allocation... Publication type Jul 2007 Contract works and contractors' all-risk policies of insurance More Summary The doctrines of privity of contract and consideration, and concepts of trusteeship, agency and the rights of third-party beneficiaries have been central to the evolution of the modern law of contract. Patrick Mead, Partner | pmead@carternewell.com Publication type Jul 2007 Faulty Powers More Summary A construction company took out a contract works policy for a container depot paving project at a New South Wales port. The paving failed soon after it was put into service. Patrick Mead, Partner | pmead@carternewell.com Publication type Jul 2007 Obtaining Possession of Property Before Settlement- Watch for Pitfalls More Summary The Supreme Court of Queensland handed down a decision last month highlighting the potential problems which can arise in circumstances where early possession of property is obtained. Michael Gapes, Partner | mgapes@carternewell.com Publication type Jul 2007 Payment Risk More Summary The reality is that as a result of inequality in bargaining power and the desire of contractors in a competitive market to secure the project, risks are not always allocated to the party best able to manage them and there is not always the ability to... Publication type Jul 2007 Proposed Amendments to the Insurance Contracts Act More Summary After wide spread commentary that the Insurance Contracts Act was not achieving its intended results, draft amendments to sections 40(3) and 54 are proposed to give insurers greater protection in claims made and notified policies. Insurer Successfully... Publication type Jul 2007 Update on Privacy Act compliance for Real Estate Agents More Summary Even though the Privacy Amendment (Private Sector) Act 2001 has been in force for a number of years, many agents are unaware of how it impacts the way in which they conduct their day-to-day business. Here, Paul Hopkins provides a timely reminder for... Publication type May 2007 ‘Volenti’, a Legal Maxim Sometimes Forgotten More Summary The Latin phrase volenti non fit injuria or volenti for short is a long standing legal maxim that is sometimes forgotten, the recent Queensland Court of Appeal decision considers this in Leyden v Caboolture Shire Council [2007] QCA 134. by Rebecca... Publication type May 2007 Court Takes Tough Stance on Bullying - Cox v State of New South Wales [2007] NSWSC 471 More Summary Whilst an extreme case of bullying, the decision, a breach of a duty of care, highlights the necessity for schools, and other institutions or bodies who supervise children to have in place specific programs to properly respond to complaints of bullying.... Publication type May 2007 Exploring Liability Caps and Limitations, Exclusions of Categories of Loss and Management of Process Risk More Summary There is a distinction between an exclusion clause, the effect of which is to either absolve a party for the consequences of a breach of duty or to define substantively the limit of the duty by negating obligations that the law would otherwise impose, and... Publication type Apr 2007 Cole Inquiry into Legal Professional Privilege More Summary Legal Professional Privilege attaches to confidential communications between lawyers and clients for the dominant purpose of giving or obtaining legal advice, or in relation to litigation that is taking place or is reasonably anticipated at the time the... « Previous1 2 ... 26 27 28 29 30 31 32 33 34Next » View our latest publications