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
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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