ArticleFederal Court of Australia weighs in on scope of cover for direct financial loss arising from a cyber incidentThe decision emphasises the importance of considering the precise wording of an insurance policy.AustraliaInsuranceKennedys
ArticleWhat'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 & ArbitrationKennedys
ArticleFacial Recognition And Privacy Law In Australia: Lessons From The Bunnings DecisionFor 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.AustraliaPrivacyKennedys
ArticlePart Two: Amending A Letter Of WishesThis 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 LawKennedys Law LLP
ArticleInnovation - Opening a Can of WormsThis 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 ProtectionKennedys Law
ArticleWhat is in a name? High Court of Australia confirms the Employee versus Independent Contractor testOverview of the High Court judgment regarding Employee vs Independent Contractor & its recent application by another Court. AustraliaEmployment and HRKennedys
ArticleShipbuilding bank guarantee battle - NSW Supreme Court allows call on bank guarantee amidst an ongoing US$1bn arbitral dispute over FPSO constructionA party's ability to retain the guarantee pending a final outcome could turn on the relevant provisions of the contract.AustraliaFinance and BankingKennedys
ArticleKey considerations: Time bars in inland and coastal shipping in AustraliaTime limits for Australian shipping claims vary by claim type, location & contract, so both must be carefully considered.AustraliaTransportKennedys
ArticleConsumer protection: the COVID-19 pandemic and the compatibility of French package travel legislation with EU lawCase involved an application for the annulment of French travel package legislation created in light of COVID-19.FranceCoronavirus (COVID-19)Kennedys
ArticleBack to Basics - Players to a Construction Project – The Subcontractor in UAE LawThis 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 ConstructionKennedys
ArticleHealth Insurance Regulations and Technology in the Middle EastIn 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 EmiratesInsuranceKennedys
ArticlePart Three: Beneficiaries' Access To The Letter Of WishesGiven 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 & ArbitrationKennedys Law LLP
ArticleNo Conflict Rule: A Reminder For AFSL HoldersAFSL holders owe fiduciary duty to avoid conflicts may operate in addition to the statutory obligation. AustraliaFinance and BankingKennedys
ArticleA new era of healthcare: exploring implications of revised telehealth guidelines for medical practitionersConsiders obligations imposed by the Guidelines and encourages medical practitioners to reflect on telehealth practices.AustraliaFood, Drugs, Healthcare, Life SciencesKennedys
ArticleNSW 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 industryExplores recent decision on scope of Statutory Duty (SD) & also the proposed law reforms & how they will impact the SD.AustraliaReal Estate and ConstructionKennedys
ArticleSouthern District of New York reiterates high standard for arbitrator removal on bias groundsApplications to disqualify arbitrators due to the alleged bias of a panel member made in US courts are often met with resistance. United StatesLitigation, Mediation & ArbitrationKennedys
ArticleThe Bermuda Court's Approach To Valuation In Shareholder Appraisal ProceedingsThis 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 LawKennedys Law LLP
ArticleIncoming 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.AustraliaInsuranceKennedys
ArticleScope Of Non-Delegable Duties Of Care RefinedIn 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 & ArbitrationKennedys
ArticleKatie 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 ConstructionGatehouse Chambers