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Spontaneous combustion: How spontaneous does it need to be - in a damages insurance claim?
The Federal Court considered the term "spontaneous" in the context of a perils exclusion clause in an insurance policy.
Gilchrist Connell
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Queensland Court of Appeal provides guidance on fact-finding and the extent of vicarious liability for certain staff members in historic school sexual abuse decision
Recent decisions reinforce important principles in assessing evidence & vicarious liability in relation to allegations of historic sexual abuse.Gilchrist Connell - Article
APRA Targets Cyber Governance Failures: CPS 234 Compliance Lessons As Bank Faces $8m Penalty
APRA’s most recent accountability enforcement action against Bendigo and Adelaide Bank (BAB) for failures to address known cyber weaknesses within its group demonstrates how seriously it takes cyber risk management.Gilchrist Connell - Article
Rossato decision by High Court aligns with new casual employee legislative changes
In addition to the guidance provided by recent changes to the FW Act, recent decision provides further clarity for employers.Gilchrist Connell - 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.Gilchrist Connell - Article
Cruisin for a bruisin: whether damages provisions of State Civil Liability Act apply to claims for disappointment and distress under the Australian Consumer Law
Can NSW CLA non-economic loss provisions be applied to claims under ACL when services are provided overseas?Gilchrist Connell - Article
Dust disease claims not covered by PIPA regime
This case confirmed that a secondary psychiatric injury from a dust-related condition is exempt from the PIPA process.Gilchrist Connell - Article
Opportunity to introduce policies on domestic violence leave for employees
Employers should implement a domestic violence leave policy and ensure all employees understand the new entitlements.Gilchrist Connell - Article
The end of summer – proposed legislative amendments to the assessment of permanent impairment
Bill seeks to narrow the circumstances whereby impairments arising from work injuries can be combined.Gilchrist Connell - Article
Hallucinations and delusions not enough to displace testators capacity
Recent decision highlights the high threshold that must be met in order to challenge a will on the basis of lack of capacity.Gilchrist Connell - Article
No compensation for detainee
Recent decision guides about the scope of a non-delegable duty of care & the extent to which a duty is owed by the Commonwealth to detainees.Gilchrist Connell - Article
Administrators promise to preserve employee entitlement claims despite being a small business employer
Prudent insolvency practitioners should take care before "promising" that employee entitlements will be preserved.Gilchrist Connell - Article
Limelight Issue No.86: Section 5 of the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW)
Recent FC decision granted leave to shareholders of a company in liquidation to proceed directly against the company's insurers.Gilchrist Connell - Article
Unfair preference claims and the importance of preliminary investigations
Liquidators should be cautious about litigating without first conducting investigations into the affairs of the company.Gilchrist Connell - Article
Court finds after-the-event insurance policy not adequate security for costs
Adequate security for costs can be an important source of financial protection for defendants.Gilchrist Connell - Article
Insuring the unintended: How ambiguous wording can shift the risk landscape
Recent judgment serves as a salient reminder to insurers of the importance of clear & unambiguous policy wording.Gilchrist Connell - Article
Burden on occupier remains key in breach of duty assessments
Recent decision acknowledged that risk was foreseeable & not insignificant but focused on practical burdens on occupiers.Gilchrist Connell - Article
Defamation and corporate Facebook pages – a company can be deemed the publisher of third-party troll comments
The decision has implications as to how companies should manage their Facebook pages to avoid possible defamation claims.Gilchrist Connell - Article
Defaming through Google reviews
The Court awarded a lawyer $750,000 in defamation damages against a woman who gave his firm a bad review on Google.Gilchrist Connell - Article
The non-disparagement clause – (sometimes) worth the paper it's written on
Do "non-disparagement" clauses clauses work in practice? Are they enforceable?Gilchrist Connell