Are fines appropriate penalties to deter companies and directors from breaching WHS laws when they can be indemnified by their insurers? Should insurance policies that cover these monetary penalties be made illegal and void? At the moment, companies and directors are able to insure against the risk of fines for breaches of WHS laws, however […]
I am delighted to welcome you to the launch of our annual Legalign Global insurance report, Insurance Remodelled, 2018/19 Market Conditions & Trends. The report has been produced by our Legalign Global partner DAC Beachcroft for a number of years to assist the insurance industry in the UK and has now been expanded to include […]
Ratewave Pty Limited v BJ Illingby [2017] NSWCA 103 Impact The New South Wales Court of Appeal had to consider whether the occupier of the Manly Pacific Hotel (Hotel) had been negligent in failing to safeguard their premises to avoid the risk of injury involving aesthetic or structural components. Even with Justice Fagan’s minority finding […]
Paul Spezza (Partner), Scott Macoun (Senior Associate) and Bree Smith (Associate) consider the Court of Appeal of Queensland’s decision of Matton Developments Pty Ltd v CGU Insurance Limited [2016] QCA 208, which provides insight to both insurers and policy holders into what constitutes “accidental damage”, and how the courts are reluctant to interpret additional benefits […]
In a decision that will no doubt be greeted with relief by builders and their insurers, on 8 October 2014 the High Court of Australia delivered its much awaited decision in Brookfield Multiplex Ltd v The Owners – Strata Plan No 61288 [2014] HCA 36. The High Court has determined that there is no common […]
In breaking news, in a decision handed down on 6 August 2014, the Victorian Court of Appeal has determined that, pursuant to section 134 of the Building Act 1993 (Vic), the applicable limitation period for commencing a “building action“, whether in contract or in tort, is 10 years from the date that the relevant occupancy […]
Patrick Boardman spoke to Australasian Lawyer to share his views on recent legal developments and emerging trends in D&O insurance.
The April 2014 edition of our “Construction Bulletin” includes commentary in relation to the following matters: Professionals acting unprofessionally – the meaning of the terms “professional services” in a D&O policy exclusion. Recent changes to Queensland’s building and construction industry legislation. The special leave application in the Brookfield Multiplex litigation. The future of compulsory commercial […]
