ArticleHallucinations and delusions not enough to displace testamentary capacityThe testator, who had a history of delusions and hallucinations, had enough testamentary capacity when making his will.AustraliaFamily and MatrimonialGilchrist Connell
ArticleLimeLight Issue No. 80ASIC enforced best interests and appropriate advice duty laws pursuant to FoFA obligations under the Corporations Act.AustraliaFinance and BankingGilchrist Connell
ArticleInsurer’s Denial Upheld: Non-Disclosure Of Material Risk Changes Reduces Liability To NilThe Supreme Court of New South Wales has ruled that insurers can deny indemnity and reduce liability to nil when an insured fails to disclose material changes in risk. This case examines how a pharmaceutical manufacturer's undisclosed pivot to hand sanitiser production during COVID-19, involving a fifteenfold increase in ethanol storage, led to a complete denial of coverage following a devastating fire. AustraliaInsuranceGilchrist Connell
ArticleUncertainty remains for ‘prior known circumstances exclusions' in Australia: Uniting Church in Australia Property Trust (NSW) v Allianz Australia Insurance Limited ACN 000 122 850 [2025] HCATrans 46 The HC's refusal to hear the UCPT case leaves ongoing uncertainty over 'prior known circumstances' exclusions in insurance.AustraliaInsuranceGilchrist Connell
ArticleFinality Preserved: Advocate's Immunity In FocusAdvocate's immunity is an immunity from suit, enabling legal practitioners to defend negligence claims arising from work performed in the conduct of litigation.AustraliaLitigation, Mediation & ArbitrationGilchrist Connell
ArticleNew decision on scope of respondents PIPA disclosure requirementsThis decision potentially broadens the scope of what a respondent needs to disclose when given a PIPA notice of claim.AustraliaLitigation, Mediation & ArbitrationGilchrist Connell
ArticleTick Tock, Time Is Up – Or Is It? NSW Supreme Court Refuses Extension Of The Limitation Period For Medical Negligence ClaimFor insurers and health providers the decision underscores the strength of limitation defences.AustraliaLitigation, Mediation & ArbitrationGilchrist Connell
ArticleBits, Bytes and Boards: Australia's New Cyber Security Act 2024Laws to safeguard Australia's national security and economic interests against the evolving cyber threat landscape. AustraliaPrivacyGilchrist Connell
ArticleCauses of data breaches, industries most impacted and regulator comments following the first 8 months of the NDB SchemeTrends are emerging from the quarterly statistical data reports released by the OAIC on data breach notifications.AustraliaPrivacyGilchrist Connell
ArticleBuilding reforms in NSW – A new duty of care and greater regulation of construction processThe significance of these reforms are likely to have marked impacts on construction professionals and their insurers.AustraliaReal Estate and ConstructionGilchrist Connell
ArticleGreenwashing under scrutiny: Australian regulators cracking down on environmental claims: Part 2 – the year aheadAn overview of upcoming changes to corporate reporting, with the proposed introduction of mandatory climate disclosure.AustraliaCorporate/Commercial LawGilchrist Connell
ArticleI resign versus I will hand in my notice - there is a differenceUseful guidelines to deal with situations where it is uncertain as to whether the employee has actually resigned.AustraliaEmployment and HRGilchrist Connell
ArticleNew criminal offence of wage theft (a wake-up call for employers, boards and senior management)Wage theft applies to the intentional underpayment of employee entitlements. AustraliaEmployment and HRGilchrist Connell
ArticleNew criminal offence of wage theftsPossible statutory liability, management liability and D&O insurance policies may cover defence costs.AustraliaEmployment and HRGilchrist Connell
ArticleThe intersection of secular and orthodox laws in the bankruptcy contextSeveral decisions have considered secular and orthodox law, but this was the first in the bankruptcy context in Australia.AustraliaInsolvency/Bankruptcy/Re-StructuringGilchrist Connell
ArticleCrowley v Worley Limited: A Shift In Security Class Action Law In AustraliaThe Full Federal Court's decision in Crowley v Worley Limited marks a pivotal shift in Australian securities class action law by endorsing market-based causation and lowering evidentiary thresholds for proving shareholder loss. This landmark ruling, combined with the earlier Brambles decision, fundamentally alters the risk landscape for ASX-listed companies and their insurers.AustraliaLitigation, Mediation & ArbitrationGilchrist Connell
ArticleHigh Court confirms narrow approach to pure economic loss claims in negligenceHigh Court of Australia reviewed the scope of a duty of care arising from assumed responsibility.AustraliaLitigation, Mediation & ArbitrationGilchrist Connell
ArticleThe High Court gives proportionate liability in arbitration the green lightHigh Court of Australia has provided some clarity on the application of proportionate liability to arbitrations.AustraliaLitigation, Mediation & ArbitrationGilchrist Connell
ArticleWhen are the costs of separate legal representation ‘reasonable'? – the case of Lisa WilkinsonGuidance on when costs of separate legal representation by an employee are likely to be considered 'reasonable'.AustraliaLitigation, Mediation & ArbitrationGilchrist Connell
ArticleFrontier AI: APRA And ASIC Expect Action, Not AwarenessAPRA and ASIC have called on regulated entities to demonstrate that their governance, cyber controls, operational resilience and third-party risk arrangements can operate at frontier-AI speed.AustraliaStrategyGilchrist Connell