November GD Newsletter

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

Download PDF

October GD Newsletter

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”

Download PDF

September GD Newsletter

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”

Download PDF

August GD Newsletter

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

Download PDF

July GD Newsletter

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

Download PDF

June GD Newsletter

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”)

Download PDF

May GD Newsletter

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?

Download PDF

April GD Newsletter

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

Download PDF

March GD Newsletter

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

Download PDF

February GD Newsletter

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

Download PDF