October GD Newsletter

Insurance

When will an Individual have the Right to Sue a Business for Mishandling Personal Information

Shake up for Add-On Insurance in Australia

No Duty of Care When Involved in Joint Illegal Enterprises

Statutory Benefits and the Motor Accident Injuries Act 2017 NSW

The Operation of an Insolvency Exclusion in a D & O Policy

When Can a Life Insurer Pay a Death Benefit into Court?

TPD Claim – Member’s Appeal Dismissed – Insurer not in Breach of Duty to Act Reasonably & Fairly

Construction Roundup

  • Importance of Precision When Preparing Construction Contracts
  • Payment Claims Must Sufficiently Identify The Work Claimed To Have Been Performed

Employment Roundup

  • Digital Scanning – Privacy Act Implications

Workers Compensation Roundup

  • PIAWE Reforms
  • “Reasonably Necessary” under Section 60

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September GD Newsletter

Insurance

Roadmap for Reform of the Insurance Industry

Unfair Contract Term Legislation to Hit Insurance Contracts – 18 Months to Get Ready

Changes to Mortgage Brokers Commission – Will This Set The Scene For the Insurance Industry

Class Actions – Multiple Claims & Multiple Retentions – Appeal Successful

Damages for Personal Injury – Appellate Review of Non-economic Loss – What is the Standard?

Leave to Join Insurer Successful Where Insurer’s Reliance on an Exclusion Clause Not Made Out

Take 2 – Leave to Join Insurer Refused Where Insurer Reserved its Rights Subject to Court Findings

Construction Roundup

  • Appeals from NCAT Decisions

Employment Roundup

  • Important Personal Leave Decision
  • No anti-bulling order where employer’s conduct was reasonable management action

Workers Compensation Roundup

  • Work Injury Damages – Costs, Cross Claims & Interest
  • Work Injury Damages – “Materially Different” Pre-Filing Statements – Start Again

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August GD Newsletter

Insurance

New Licensing Regime For Foreign Financial Services Providers in Australia

Will the APRA Capability Review Bring Change

Liability For Obvious Risks

Can A Defendant Cross Claim Against A Concurrent Wrongdoer In An Apportionable Claim?

Construction Roundup

  • NSW Building Certification Reform
  • The Requirement For Payment Schedules To Provide Specific Reasons For Non Payment

Employment Roundup

  • $170K in Damages for Sexual Harassment

Workers Compensation Roundup

  • Which Non Pecuniary Benefits Are Included In Calculations For Weekly Compensation In NSW?
  • WCC Jurisdiction – Work Capacity Decisions
  • Windfall for Workers with Highest Needs

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July GD Newsletter

Insurance

Shake Up For the Construction Industry in NSW

Who Owes a Duty of Care to a Security Guard Injured by a Criminal Third Party?

Why Not Obtain Documents From a Potential Defendant Before You Sue – Preliminary Discovery

Proper Interpretation of a “Spontaneous Combustion”

Exclusion Clause in an ISR Policy

Construction Roundup

  • The Lacrosse Tower Fire – Liability of Subcontractors and Consultants
  • The Freedom Of An Adjudicator To Commit An Error In Assessing Payment Entitlements

Employment Roundup

  • How To Properly Consult Before A Redundancy

Workers Compensation Roundup

  • Does a Notional Assessment of Damages Create an Estoppel?
  • Setting Aside an Election Between Lump Sum Compensation and Work Injury Damages
  • Section 48 Breaches and a Worker’s Reasonable Efforts

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June GD Newsletter

Insurance

ASIC Intervention on Insurance Products and Target Market Determinations

Whistleblower Protections – A New Regime Begins

The Horse Hasn’t Bolted on Dangerous Recreational Activities

When does a Proposal form part of the Contract of Insurance?

Construction Roundup

  • The Lacrosse Tower Fire – The Liability Of The Builder
  • An Exercise In Precision – How The Court Looks At Claims of Fraud

Employment Roundup

  • Reinstatement Available to Injured Workers After Dismissal
  • Employee Unfairly Dismissed for Refusing to Consent to Biometric Fingerprint Scanning

Workers Compensation Roundup

  • Section 39 – Retrospective Payments Barred

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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

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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

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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”

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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

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