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  • Article

    Federal Court of Australia weighs in on scope of cover for direct financial loss arising from a cyber incident

    The decision emphasises the importance of considering the precise wording of an insurance policy.
    AustraliaInsurance
    Kennedys
    Kennedys
  • Article

    What's left of VCATs construction dispute jurisdiction?

    Court confirms that VCAT does not have jurisdiction to determine claims for contribution brought pursuant to the Wrongs Act.
    AustraliaLitigation, Mediation & Arbitration
    Kennedys
    Kennedys
  • Article

    Facial Recognition And Privacy Law In Australia: Lessons From The Bunnings Decision

    For the first time, an Australian tribunal has ruled on the legality of facial recognition technology and the collection and use of biometric information under the Australian Privacy Act 1988 (Cth) (the Act). The case involved Australian hardware retailer, Bunnings Group Ltd (Bunnings), known for its large warehouse-style stores and car park sausage sizzles.
    AustraliaPrivacy
    Kennedys
    Kennedys
  • Article

    Part Two: Amending A Letter Of Wishes

    This second essay addresses the extent to which it is possible to amend or replace a letter of wishes and the effect of the same.
    BermudaCorporate/Commercial Law
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Innovation - Opening a Can of Worms

    This article begins a journey, one that begins to look at the concept of innovation in the field of providing legal services. The field that I explore is that in which the liability lawyer is camped. The article poses some questions for debate. I offer no single answer but hope, reader that you will be patient and understand why that is the case.
    United KingdomConsumer Protection
    Kennedys Law
    Kennedys Law
  • Article

    What is in a name? High Court of Australia confirms the Employee versus Independent Contractor test

    Overview of the High Court judgment regarding Employee vs Independent Contractor & its recent application by another Court.
    AustraliaEmployment and HR
    Kennedys
    Kennedys
  • Article

    Shipbuilding bank guarantee battle - NSW Supreme Court allows call on bank guarantee amidst an ongoing US$1bn arbitral dispute over FPSO construction

    A party's ability to retain the guarantee pending a final outcome could turn on the relevant provisions of the contract.
    AustraliaFinance and Banking
    Kennedys
    Kennedys
  • Article

    Key considerations: Time bars in inland and coastal shipping in Australia

    Time limits for Australian shipping claims vary by claim type, location & contract, so both must be carefully considered.
    AustraliaTransport
    Kennedys
    Kennedys
  • Article

    Consumer protection: the COVID-19 pandemic and the compatibility of French package travel legislation with EU law

    Case involved an application for the annulment of French travel package legislation created in light of COVID-19.
    FranceCoronavirus (COVID-19)
    Kennedys
    Kennedys
  • Article

    Back to Basics - Players to a Construction Project – The Subcontractor in UAE Law

    This is the second article in a series of short articles which will look at some of the basic features of construction and engineering contracts under the law of the United Arab Emirates.
    United Arab EmiratesReal Estate and Construction
    Kennedys
    Kennedys
  • Article

    Health Insurance Regulations and Technology in the Middle East

    In this publication, we address how Dubai is leading the way in the application of technology to its healthcare insurance system and how the health insurance law is developing around these initiatives.
    United Arab EmiratesInsurance
    Kennedys
    Kennedys
  • Article

    Part Three: Beneficiaries' Access To The Letter Of Wishes

    Given the contents of the letter of wishes might shed light on the trustee's reasoning, there is no automatic entitlement on the part of the beneficiaries to disclosure outside the litigation context.
    BermudaLitigation, Mediation & Arbitration
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    No Conflict Rule: A Reminder For AFSL Holders

    AFSL holders owe fiduciary duty to avoid conflicts may operate in addition to the statutory obligation.
    AustraliaFinance and Banking
    Kennedys
    Kennedys
  • Article

    A new era of healthcare: exploring implications of revised telehealth guidelines for medical practitioners

    Considers obligations imposed by the Guidelines and encourages medical practitioners to reflect on telehealth practices.
    AustraliaFood, Drugs, Healthcare, Life Sciences
    Kennedys
    Kennedys
  • Article

    NSW Supreme Court provides further guidance on the ambit of the statutory duty owed by persons carrying out construction work and the further legislative changes ahead for the construction industry

    Explores recent decision on scope of Statutory Duty (SD) & also the proposed law reforms & how they will impact the SD.
    AustraliaReal Estate and Construction
    Kennedys
    Kennedys
  • Article

    Southern District of New York reiterates high standard for arbitrator removal on bias grounds

    Applications to disqualify arbitrators due to the alleged bias of a panel member made in US courts are often met with resistance.
    United StatesLitigation, Mediation & Arbitration
    Kennedys
    Kennedys
  • Article

    The Bermuda Court's Approach To Valuation In Shareholder Appraisal Proceedings

    This article provides a brief overview of s.106 appraisal proceedings before addressing the Glendina decision in detail, considering the factual background to that case, the deficiencies in the expert evidence that was available, and the Court's approach to valuation.
    BermudaCorporate/Commercial Law
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Incoming AML/CTF Changes: Are You Ready?

    Law firms, real estate agents, property developers, conveyancers, accountants, trust and company service providers and precious commodities dealers (Tranche 2 entities), will need to comply with reporting entity obligations under the Anti-Money Laundering/ Counter-Terrorism Financing 2006 (Cth) (AML/CTF Act) from 1 July 2026. They will also need to enrol with AUSTRAC by 29 June 2026.
    AustraliaInsurance
    Kennedys
    Kennedys
  • Article

    Scope Of Non-Delegable Duties Of Care Refined

    In a landmark decision, the High Court of Australia determined that a non-delegable duty of care may be breached by the intentional conduct of a delegate, overturning longstanding authority of New South Wales v Lepore (2003) 212 CLR 511, which found that a common law non-delegable duty could not arise in respect of harm caused by an intentional criminal act. The decision significantly refines the scope and operation of non-delegable duties in Australian law.
    AustraliaLitigation, Mediation & Arbitration
    Kennedys
    Kennedys
  • Article

    Katie Lee Successful In Concrete Cracking Case: Vinci Construction UK Ltd v (1) Eastwood And Partners Ltd (2) Snowden Seamless Floors Ltd V GHW Consulting Engineers Ltd [2023] EWHC 1899 (TCC)

    Katie Lee successfully acted (as sole counsel) for a construction professional in an application for summary judgment involving the application of section 14A of the Limitation Act 1980 in a concrete cracking case.
    United KingdomReal Estate and Construction
    Gatehouse Chambers
    Gatehouse Chambers

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