May GD Newsletter

Insurance

Tougher penalties for privacy breaches?

Insuring work health and safety fines & possible consequences for directors

Dual Insurance – The Great Escape

No liability for the obvious

Property Damage v Defective Work – Insuring Clauses and Exclusions – No Cover from Liability Insurance

CTP Claims & Contributory Negligence. Is a CARS Determination Binding on an Insurer

Construction Roundup

  • Did the combustible cladding on your building comply with the bca when it was constructed?
  • Paperless trials in the construction list – the way of the way of the future?

Employment Roundup

  • Failure to follow policies resulted in valid dismissal
  • Breaches of the Fair Work Act can be costly and over $1 million!

Workers Compensation Roundup

  • Employment benefits payable whilst in receipt of weekly compensation
  • Judicial Review – Admission of fresh evidence

Download PDF

April GD Newsletter

Insurance

No Baby Steps After The Royal Commission

Coming Soon – An AFSL to Manage Insurance Claims

Optus Liable for Wet Pit Lid

An Insurer’s Entitlement to Costs of Defending a Deregistered

Using Shareholder’s Rights To Take Control Of A Company Associated With A Bankrupt

Construction Roundup

  • Agent of undisclosed principal held personally liable for defective work
  • Divergent adjudication determinations face off

Employment Roundup

  • $330K In Penalties for Employer and Director For Failing To Pay Interns Who Were Really Employees
  • Worker? No; Employee? Yes. Superannuation?

Workers Compensation Roundup

  • WID Claims -The Effect of No Mediation Certificate
  • Annual Leave Accrual During Workers Compensation Absences
  • Settlements & Issue Estoppel in Workers Compensation Claims

Download PDF

March GD Newsletter

Insurance

Not Such a Good Result For Scenic Tours Class Action Commercial Transactions in the District Court? Problem Solved

NSW Court of Appeal confirms NCAT is not a Court of a State which can be invested with federal jurisdiction

Manufacturer of Ladder held Liable for Injury Caused by Defect

Insurance Conundrums – Multiple Claims & Multiple Retentions

Construction Roundup

  • Reforms to Tighten Up Building Certification
  • Progress of Reform To Security Of Payment in NSW
  • Enforcement of Security Of Payment Debts And The Effect Of Offsetting Claims

Employment Roundup

  • Overtime – How Much Is Reasonable?

Workers Compensation Roundup

  • Relevance of Symptoms in Disease Injury Claims
  • The Perils of Section 318 of the WIM Act
  • A Total Knee Replacement is an “Artificial Aid”

Download PDF

February GD Newsletter

Insurance

Crime Doesn’t Pay in Insurance Law

Liability Policies: The Insurer’s Duty to Defend

TPD Claims: the insurer’s duty to act reasonably and fairly

Construction Roundup

  • Extension of time for compliance with statutory demand
  • Report on recommended reforms to Western Australia’s security of payment legislation

Employment Roundup

  • Employer’s Right to Direct Employee to Attend a Medical Examination
  • Terminated because of a disability -– Pecuniary penalty and backpay?

Workers Compensation Roundup

  • NSW Workers Compensation Changes Update
  • Deemed Dates of Injury in Disease Claims
  • Section 323 – Deductions for Previous Injuries and Work Injury Damages

Download PDF