Welcome to Gillis Delaney Newsbriefs. GD NEWS brings to you up to date information on the latest developments in insurance law, employment law and occupational health and safety. We can be contacted at any time for more information on any of our articles.
Insurance and General
- Test Case: Insurers Fail in Their Bid to Exclude Bi Cover for Covid-19 Losses Where ISR Policies Reference Repealed Legislation
- Calculating the Policy Deductible Payable for a Hailstorm Event and an Insured’s Entitlement to Interest
- Skiing is a Dangerous Activity
- Civil Penalties On The Horizon For Unfair Contract Terms
- Insolvency Reforms: A win for small business
Construction Roundup
- Counting the Cost of Covid-19: The Regulator’s Response
- A first for the NSW Supreme Court: The Mining Exception under SOPA explained
- The Importance of Good Record Keeping on Construction Projects
Employment Roundup
- Class Actions Against Employers Made Easier
- Employer’s adverse action against a senior employee results in a judgement of $5.2m
Workers Compensation Roundup
- Counting the Cost of Covid-19: The Regulator’s Response
- Application for leave to commence proceedings out of time – s151D of the Workers Compensation Act 1987
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Insurance and General
- Who Let the Dogs Out? Strata by-laws and Animals
- Opal Tower: Federal Court finds builder entitled to indemnity under two insurance policies
- NSW Supreme Court Sheds More Light on Child Sexual Abuse Claims
- Tenancy Relief Scheme Extended – Important Updates for Landlord and Tenants
- Could Temporary Changes Allowing Virtual AGM’s and Electronic Execution Stick?
- Administrators Trading on in Premises and Lessors Rights in the Event of Liquidation
Construction Roundup
- The ongoing Maple Village saga – invalid suspension of work and the calculation of damages
- Errors in adjudication process a salient reminder to comply with the Act
Employment Roundup
- Extension to JobKeeper
- Corporation liable to pay Superannuation Guarantee to Independent Contractor
Workers Compensation Roundup
- JobKeeper and Weekly Compensation Payments
- COVID-19 Update: WCC Moves closer to Pre-Pandemic Procedures for Medical Dispute
- A worker or not a worker? That was the issue
- Analysis of Medical Evidence: Court of Appeal Dismisses Injured Workers Claim
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Insurance and General
- UK Test Case on Business Interruption Policy Coverage for COVID-19: What’s Next For Australia
- Historical Child Abuse Claims Must be Properly Pleaded and Particularised
- A Win for Sneaker Lovers: Court considers lease termination during COVID-19
Construction Roundup
- Causation in loss arising from misleading and deceptive conduct
- All for One and One for the War Against Illegal Phoenixing
- One Reason Why a Written Contract is So Important
Employment Roundup
- Employer Unfairly Dismissed an Employee by Failing to Consider JobKeeper
Workers Compensation Roundup
- Cruceanu v Vix Technology (Aust) Limited: Court of Appeal Dismisses Injured Worker’s Appeal
- A Work Trip Injury Found Not To Be “In The Course Of Employment”
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Insurance and General
Liability for Personal Injuries Arising from Dangerous Recreational Activities
Application to Join Insurer: Whether Insurer was Entitled to Disclaim Liability
The Importance of Establishing When Cover Begins Under an Insurance Policy
A One Stop Shop: Establishment of the NSW Personal Injury Commission
Watchdog Looms On Loans: ASIC Takes Action Against Small Business Loan Provider
Administrators Trading on in Premises and Lessors Rights in the Event of Liquidation
The Introduction of the Director Identification Number Regime
Construction Roundup
- Confirmation That Biowood On High Rise Apartments Is Not Compliant With BCA
- The Hands of Adjudicators Bound by the Security of Payments Act
Employment Roundup
- High Court Clarifies Personal Leave Entitlements
Workers Compensation Roundup
- A Work Trip Injury Found Not To Be “In The Course Of Employment”
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Insurance and General
Proper Construction of an ISR Policy Regarding Declared Assets
Whether the Duty of Utmost Good Faith Precludes a Security for Costs Application by an Insurer
To Renew or Not to Renew COVID 19 and Leasing
May the Force (Majeure) Be With You
Personal Property Securities Act – Case Law Update
Construction Roundup
- Steps to Comply with the Recent Legislative Reform of the Construction Industry
- The Utility of Expert Determination: the Proof is in the Clause
Employment Roundup
- Unreasonable Stand Down Direction –COVID 19
- Casual Employment Period Included in the 12 Month Minimum Employment Period for an Unfair Dismissal Claim
Workers Compensation Roundup
- Developments in COVID-19
- Section 60 of the Workers Compensation Act 1987 – Commission Goes to Pot !!
- Arbitrators can determine medical disputes without referral to an AMS
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Insurance and General
Insurance Cover for WHS Fines in NSW is Illegal from 10 June 2020
Builders, Engineers and Insurers May Be Smashed by Claims with NSW Legislation that Commenced on 10 June 2020
A new Registration Regime for NSW Certifiers from 1 July 2020 will Bring Challenges for Insurers as well as Certifiers
Owner/Builder Found Liable for Injury to Contractor
The War on Phoenixing
Expert Reports and the Expert Code of Conduct -Pitfalls
Construction Roundup
- The New Residential Apartments Act – The Solution or More of a Problem?
- Likely impact of COVID-19 on Supply of Materials and Labour for Construction Projects
- The Never Ending Saga of the Requirements Under the Security of Payments Act
Employment Roundup
- Wage Theft – Victoria Moves Against Defaulting Employers
Workers Compensation Roundup
- Greater than 20% Impairment? Then section 39 does not apply to you.
- NSW Workers Compensation Commission Goes Back to the Future
- Employer Challenges in the Post Lockdown Environment
- Aggregation to Determine Whole Person Impairment – Disease Injuries Revisited
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Insurance and General
Class Actions: Can the Plaintiff get Access to the Defendant’s Insurance Documents?
Roadmap for Reform of the Insurance Industry – 6 Months Delay
Litigation Funders Will Need an AFSL from 22 August 2020
Dual Insurance: Can Defence Costs be Included in the Claim for Equitable Contribution?
An Insurer Cannot Hedge its Bets When it Comes to Non-Disclosure
Virtual Meetings and Electronic Signatures During Covid-19 and Beyond
Construction Roundup
- Can the Court Slice and Dice a Security of Payment Adjudication
- Security of Payments: What Happens when Adjudicators go Beyond Their Statutory Powers?
Employment Roundup
- Is this the End for Casual Employees
- Sushi Operator no Hero as Record Fines Dished up by the Federal Court for Underpayment of Wages
- Stand Down – What Entitlements do Employees Have
Workers Compensation Roundup
- COVID-19 Update: Further Legislation and Impact on the NSW Workers Compensation Landscape
- Interpretation of the Permanent Impairment Rating Scale (“PIRS”)
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Insurance and General
High Court Confirms Damages Payable by Tour Operator for Disappointment & Distress
The NSW Government is Moving Forward to Ban Insurance for WHS Fines
COVID 19 & Significant Changes to Retail and Commercial Leasing Arrangements in NSW
Unfair Contract Term Regime Applies to Insurance Contracts from 5 April 2021
COVID-19 Emergency Legislation in NSW – an Update
The Federal Court’s Approach to Virtual Hearings
The Horse Still Hasn’t Bolted on Dangerous Recreational Activities
Slip and Fall Claims – Inspections and Expert Witnesses
Converting Winding Up a Company to a Voluntary Administration to Facilitate a Restructure
Construction Roundup
- Security For Costs – The Strength Of The Claim And The Cause Of The Plaintiff’s Impecuniosity
- Vito Zepinic Tries Again, Despite Being Declared A Vexatious Litigant
Employment Roundup
- JobSeeker- Government Help for Employers?
Workers Compensation Roundup
- Is Injury from Physical Altercation at Work Compensable?
- When does Domestic Violence Also Satisfy the Causal Test for a Work Injury?
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Insurance and General
COVID-19 –The Power to issue Directions, Impose Obligations and Implement laws by Regulation
ISR insurance and COVID-19 claims – What Lie Ahead
Issues Arising from the COVID-19 for Suppliers of Goods on Credit
Temporary Amendments to Aspects of Corporate and Personal Insolvency in Response to COVID-19
COVID-19 and Emergency Measures for Practice and Procedure in NSW Courts & Tribunals
Will the COVID-19 Legislation Amendment (Emergency Measures) Act 2020 (NSW) Balance the Interests of Tenants and Owners?
Builder Vicariously Liable for Negligence of Site Supervisor Employed by Labour Hirer
More than Labour Services means Exclusion does not apply in Liability Insurance Policy
Split Execution and Electronic Signatures Throughout the COVID-19 Pandemic and Beyond
Construction Roundup
- Options for Addressing the Effect of COVID-19 on Construction Projects
- Contracting Out of Security of Payment Obligations
Employment Roundup
- JobSeeker – Government Help for Employers
- Standing Employees Down as a Result of COVID-19
- Working From Home – What Are The Implications?
Workers Compensation Roundup
- Workers Compensation & COVID-19: A Brave New World
- Appeals Under Section 352 WIM Act 1998 – Will Two “Wrongs” Make a Right
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Insurance
Insurance Broker Found Liable To Pay Damages For Failure To Procure Insurance
Court Rejects Application For Permanent Stay Of Historical Child Abuse Claims
Construction Roundup
- Construction Projects and Multiple Agreements
- Security of Payments Legislation And the Danger Of Anshun Estoppel
Employment Roundup
- Post Employment Restraints – Real Estate Agent Restrained to Protect Rent Roll
- Incentive Bonuses – Can An Employer Change The Goalposts?
- No Genuine Redundancy Where Employer Offered Another Position at a Significantly Lower Wage
Workers Compensation Roundup
- Limitation Periods & the Workers Compensation Act 1987
- A Journey to Obtain Medical Treatment has a Real and Substantial Connection to Employment
- Appeals under Section 352 WIM Act 1998 – The need to be “Wrong
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Insurance
A Raft of Legislative Change for the Insurance Industry
There Must Be Coordinate Liabilities Between Insurers To Create An Entitlement To Dual Insurance Contribution
Limitation Period: “Fault of the Defendant” – Take 1
Limitation Period: “Fault of the Defendant” – Take 2
Construction Roundup
- Proposed Construction Industry Reforms Intended To Protect Purchasers Of Newly Built Properties
- No Power for NCAT to Award Damages For Owners Corporation’s Breach of Duty to Maintain Common Property
Employment Roundup
- Annualised Salaries – Major New Obligations For Employers
Workers Compensation Roundup
- Medical Examination of Overseas Workers
- Damages in NSW and Section 151A
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