December 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”

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November GD Newsletter

Can a Work Injury Damages Settlement affect a Claimant’s Entitlements Under an Income Protection Policy

Life Insurer held to have Acted Unreasonably in Declining a TPD Claim

Passive Care – Is There An Entitlement To Damages?

Construction Roundup

  • Developer Bonds For New Strata Construction
  • Questionable Motives Of Contractor Relevant To Stay Of Adjudication Determination
  • Claims and Dispute Resolution in Construction Projects

Employment Roundup

  • Update to Flexible Working Arrangements
  • Extra Leave Entitlements For Shift Workers?

Workers Compensation Roundup

  • NSW Worker’s Compensation Amendments – Update
  • 5 Years Of Weekly Payments, Section 39 and Maximum Medical Improvement – How Does it Come Together
  • Serious and Wilful Misconduct Equals Compensation

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October GD Newsletter

Royal Commission Completes Public Hearings into the Insurance Industry

TPD Claims: when may a Court intervene?

Can commercial transactions be heard in the District Court?

Construction Roundup

  • The high price of not properly documenting a project
  • A payment schedule served out of time cannot be later relied upon

Employment Roundup

  • Tightening the screws on labour hire?
  • Pecuniary penalties for employers that classify full time and part time staff as casuals
  • Are periods of casual work included in redundancy calculations

Workers Compensation Roundup

  • Changes to NSW Workers Compensation – the 2018 Bill
  • The same assessment for the same date of injury – no more compensation

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September GD Newsletter

Not So Good News For Management Liability Insurers

PI Insurer Defeats Claim On Ground Of Fraudulent Non-Disclosure

Slips And Falls – Where Are We Up To With Slippery Substances On The Ground

Employers and Criminal Conduct – What is the Liability

The Royal Commission Turns The Spotlight On Superannuation And Insurance Industries

Construction Roundup

  • NSW Bans Use of Aluminium Composite Cladding in Multi-Storey Buildings
  • Security of Payment Claims
  • Reforms to NSW Security of Payment Legislation

Employment Roundup

  • When Is A Causal Employee Not A Casual?
  • Inherent Duties & Reinstatement Rights – Traps In The Future

Workers Compensation Roundup

  • Further Restrictions on Workers “One More Claim”
  • What Permanent Impairment Really Means Where There Is A Fatality

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August GD Newsletter

Insurance and Business
Unfair Contract Term Legislation to Apply To Insurance
A National Redress Scheme for Sexual Abuse Victims Commenced On 1 July 2018
Personal Payment Orders & Fines. What’s the Future for Management Liability Insurance?
The Widening Span of Vicissitudes
Labour Hire Licensing Laws 1, 2, 3
The NSW Court of Appeal Further Clarifies the Test for Negligence

Construction Roundup

  • Adjudicator’s Colourful Language Not Lack Of Procedural Fairness

Employment Roundup

  • Termination Of A Worker That Is Not Psychologically Fit For Inherent Duties Is Not Unfair
  • Termination and the Small Business Code of Conduct

Workers Compensation Roundup

  • Workers Compensation Recoveries – s151Z Recoveries Are Alive And Well
  • Are You an Employer in the Coal Industry? If so, You Must Have Insurance

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July GD Newsletter

Class Actions. Contingency Fees for Lawyers and Tighter Regulation of Litigation Funders
AFCA – A New External Dispute Resolution Scheme For The Insurance Industry
Is the Loss of a Superannuation Pension or the Aged Pension a Compensable Loss?
NCAT does not have Jurisdiction to Determine Disputes Between Residents

Construction Roundup

  • Nationally Consistent Security of Payment Legislation May Be On Its Way
  • Payment by Instalments of Security of Payment Claims

Employment Roundup

  • Flexibility at Work
  • Fighting Employees

Workers Compensation Roundup

  • When is One More Claim Just That
  • A Deed of Release Can Exclude a Subsequent Claim for Industrial Deafness
  • Limitation Arguments can succeed in WID Claims

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June GD Newsletter

Accidental Damage, Proximate Cause & Exclusions – Clarity For Insurers
Ouch – A Liability Policy Doesn’t Cover Damage Resulting From Alleged Defective Works
Obvious Risks & The Duty to Warn
Court Considers Extent of Pollution Cover under Public Liability Policy
Two Companies in an Integrated Business Operation Held Liable for Personal Injury
The Cost of Labour Hire continues

Construction Roundup Is Question

  • Security Of Payment Claims – Requirements For Supporting Statements

Employment Roundup

  • Delay In Positive Action By Employer Resulted In A Valid Summary Dismissal Being Found To Be Unfair
  • Redundancy Basics

Workers Compensation Roundup

  • WPI Claims and Deductions for Previous Injuries
  • Must Be Made Is Not Mandatory When It Comes to Merit Reviews

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May GD Newsletter

The Insurance Industry – A Storm Front Is Approaching
Labour Hirer Covered Under Its Liability Policy For Contractual
Liability To Host For Host’s Liability For Injuries To Employees On Hire
Litigation Funding For Class Actions – Reforms On The Way?
Allocation of Risk in Infrastructure Projects Involves Complex Considerations
The Absurdity of Two “Excess Insurance” Clauses & Dual Insurance
TPD Claims: A Helpful Recap
Can You Be Liable For Injuries To An independent Contractor?

Construction Roundup Question

The Twists And Turns Of A Payment Claim

Employment Roundup

WHS Obligations –Duties Where You Influence or Direct Work
Casual Employees

Workers Compensation Roundup

The Technicalities of “Artificial Aids” aid Workers in Avoiding s59A Restrictions
Highest Need Workers – Are You Entitled To Wages No Matter What?

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APRIL GD NEWSLETTER

Claims for Pure Economic Loss Not Covered by Insurance. An Insuring Clause and the Definitions Do Matter
Employment Practices Liability Insurance. You Cannot Seek Cover for Pecuniary Penalties Where There is A Personal Payment Order
AFCA The New One Stop Shop to Deal with Financial System Complaints Including Insurance
$120m & Rising in Refunds For Add-On Insurance Customers
Property Damage & Recovering the Cost of Employee Time Spent Managing Repairs
TPD: Fraudulent Claims
No Double Up On Vicarious Liabi

Construction Roundup

Defective Works – Rectification Costs or Diminution in Value – That Is The Question
Crooked Builder Finally Behind Bars
The Importance Of Separate Payment Claims

Employment Roundup

Unfairly Dismissed – But I Don’t Want My Job Back
The National Employment Standards

Workers Compensation Roundup

Are Work Injury Damages and Reinstatement Mutually Exclusive Remedies For Injured Workers?

CTP Roundup

Infants and PTSD following Motor Accidents. Not In This Case!

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MARCH GD NEWSLETTER

Terms In An Insurance Policy – The Cover Can’t Be Illusory
Class Actions – Joining Insurers
The Transport Industry & the Chain of Responsibility Legislation – Changes to Safety Laws Are On The Way
Changes to the Consumer and Competition Act and Consumer Protection Are On The Way
“Wrongful acts” and “Professional Activities” – PI Insurer’s appeal dismissed by Full Federal Court
Stamp Duty Relief On Insurance For NSW Small Business
TPD Claims: Correctly interpreting an “ETE” clause
Labour Hire Licensing is Here

Construction Roundup

Laws to Protect Against Unsafe and Combustible Building Products in NSW
Security of Payment – No Judicial Review Of Adjudicators’ Determinations Unless Jurisdictional Error

Employment Roundup

Engaging Contractors and Sham Contracting
No Stop Bullying Order Where Reasonable Management Action Taken By Employer

Workers Compensation Roundup

Noisy Employment and Industrial Deafness – The Fictions in Proving a Claim
An Employers Obligation to Provide Suitable Duties

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FEBRUARY GD NEWSLETTER

Privacy – the new Data Breach Notification Scheme begins
The insurance case with it all. A guide to legal issues that impact on major property damage claims
Challenges for Labour Hirers – Property damage caused by employees lent on hire
The fact that a wet floor is slippery is an obvious risk but is it obvious the floor is wet
Recreational Activities and Professional Sports

Construction Roundup

The administration of construction projects

Employment Roundup

Work Health & Safety penalties on the rise in NSW

Workers Compensation Roundup

Workers Compensation Payments, Negligent Employers & Recovery of Compensation Payments

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