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  • Article

    Home Warranty Insurance – Increased Home Warranty Insurance Benefits in NSW

    The minimum indemnity for compulsory home warranty (or Part 6) insurance has remained the same since private Home Warranty Insurance was introduced in 1997.
    AustraliaReal Estate and Construction
    Gadens Lawyers
    Gadens Lawyers
  • Article

    Neither fish nor fowl - breaches of statutory warranties under the Home Building Act 1989 (NSW) and rights, obligations and risks of a mortgagee in possession

    A mortgagee in possession is not entitled to claim home owners warranty insurance, and nor is liable as "developer".
    AustraliaReal Estate and Construction
    Colin Biggers & Paisley
Colin Biggers & Paisley
  • Article

    Post-Grenfell: The Inquiries, Investigations And Taskforces Reviewing Cladding In Australia

    Concerns about the safety of some types of cladding panel systems had been raised in Australia long before the disastrous Grenfell tower fire in London.
    AustraliaReal Estate and Construction
    Clyde & Co
    Clyde & Co
  • Article

    Residential Focus – 26 September 2018: Part 1 - HWI Certificates obtained by fraud

    This decision is a cautionary tale of developing property by deceit, sham building contracts and/or unlicensed builders.
    AustraliaReal Estate and Construction
    Holding Redlich
    Holding Redlich
  • Article

    Victoria’s Domestic Building Consumer Protection Reform Strategy

    New legislation aims to implement the Government's Victorian Domestic Building Consumer Protection Reform Strategy.
    AustraliaReal Estate and Construction
    Holding Redlich
    Holding Redlich
  • Article

    You’ll Have To Prove It: Court Confirms Plaintiff Must Prove Causation In Claim Against Insurance Broker

    In a recent decision of the Victorian Supreme Court, Justice Osborne considered the scope of s 52 of the Wrongs Act 1958 (Vic), which states that a plaintiff must prove causation.
    AustraliaReal Estate and Construction
    Barry Nilsson
    Barry Nilsson
  • Article

    Can you insure chain of responsibility risk of an HVNL breach

    There is no absolute prohibition on insurance for a HVNL breach, but the enforceability of such policies is untested.
    AustraliaTransport
    Holding Redlich
    Holding Redlich
  • Article

    Versloot Dredging BV v HDI-Gerling Industrie Versicherungs AG - The DC Merwestone - should an alternative materiality test be applied in cases involving the use of a fraudulent device?

    This case is a good summary of the law on loss by peril of the seas and demonstrates insurance evidentiary difficulties.
    AustraliaTransport
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    Everything you need to know about buy-sell agreements

    Insurance-funded buy-sell agreements provide a comprehensive and efficient solution for business ownership transitions.
    AustraliaCorporate/Commercial Law
    McCarthy Durie Lawyers
    McCarthy Durie Lawyers
  • Article

    The true meaning of Special Circumstances in out of time applications for review of insurer decisions in statutory workers compensation claims

    The court considered whether the worker had 'special circumstances' to justify an application for review out of time.
    AustraliaEmployment and HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    ATE Insurance Deductions From Class Action Settlements Are “not That Simple”

    The Federal Court of Australia considered whether it was fair and reasonable to deduct the premiums associated with after the event (ATE) insurance taken out by the applicants' solicitors, from the funds to be paid in settlement of a class action.
    AustraliaInsurance
    Barry Nilsson
    Barry Nilsson
  • Article

    Case Note: Hayek v Trujillo [2007] NSWCA 139

    Where the Insurer rejects an explanation for delay and does not "accept liability under the claim" the Insurer is arguably not bound by the result of a General Assessment irrespective of the outcome of the Special Assessment of the late claim dispute.
    AustraliaInsurance
    Curwoods Lawyers
    Curwoods Lawyers
  • Article

    Compulsory Third Party (CTP) insurance scheme options paper released in NSW

    The NSW government has announced a consultation process to reform the state's CTP insurance scheme and seeks submissions.
    AustraliaInsurance
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    CTP Update

    In this update we look at two recent CTP decisions covering different issues. “White v Australian Associated Motor Insurers Ltd (Nos 1&2)” [2009] QSC 141 & 142 considered a nervous shock claim brought out of time and “Dawes Underwriting Australia Pty Ltd v Roth” [2009] NSWCA 152 highlights the dangers for insurers of not having stringent procedures in place to deal with an insured’s ‘loose’ disclosure.
    AustraliaInsurance
    DLA Piper Australia
    DLA Piper Australia
  • Article

    Insurance Contracts Act Amendment Bill 2010

    In March 2003, the Ministerial Meeting on Insurance Issues was held and one of the outcomes of the meeting was a view that the Insurance Contracts Act 1984 (‘the Act’) was impacting on the cost and availability of professional indemnity and other classes of insurance. In September 2003, Senator Helen Coonan and Senator Ian Campbell, jointly announced that the Government would be undertaking a comprehensive review of the Act.
    AustraliaInsurance
    Moray & Agnew
    Moray & Agnew
  • Article

    Limelight Issue No.67: Third party claims against insurers

    The Act's operation has been simplified, providing more certainty for insurers, insureds and third party claimants.
    AustraliaInsurance
    Gilchrist Connell
    Gilchrist Connell
  • Article

    The enforceability of insurance - when an insurer is obliged to indemnify

    A recent case considered section 54 of the Insurance Contract Act.
    AustraliaInsurance
    Kott Gunning
    Kott Gunning
  • Article

    Why Cyber Tabletop Exercises Are A Must-Do For Organisations In 2020

    'Don't be left in the dark' was the theme for Privacy Awareness Week 2019 in Australia. What is your organisation doing in 2020 to ensure you're not left high and dry when the lights go out?
    AustraliaPrivacy
    Clyde & Co
    Clyde & Co
  • Article

    Could a worker claim weekly compensation payments for a psychological injury that left him unable to work? Which case won?

    The worker alleged multiple difficulties with his immediate superior who, he claimed, bullied and criticised him.
    AustraliaEmployment and HR
    Stacks Law Firm
    Stacks Law Firm
  • Article

    Court Of Appeal Decides Employer´s Workers Compensation Liability For A Disease Of Gradual Onset With A Deemed Date Of Injury Of 12 July 2006 Extinguished By A Commutation Agreed On 30 March 2000

    The New South Wales Court of Appeal has decided that a disease of gradual process resulting from the nature and conditions of employment, can be included as a type of injury for which an employer's liability has been extinguished
    AustraliaEmployment and HR
    Curwoods Lawyers
    Curwoods Lawyers
  • Showing 981–1000 of 2025 results

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