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Insurance
We issue insurance alerts to the insurance industry summarising noteworthy judgments relating to insurance contracts, professional liability, local authorities, public liability and litigation procedure.
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The Queensland Flood Crisis - Part 3
Published: April 2011 Treasury Releases Flood Law Reform Report The city of Ipswich is not usually a location that Federal ministers choose to release key policy changes, but yesterday was different when Bill Shorten released the report by Treasury, ...Read more
The Queensland Flood Crisis - Part 2
Published February 2011 Commission of Inquiry into the floods On Thursday 10 February 2011 the Commission of Inquiry into the Queensland Floods sat for the first time with Her Honour Justice Holmes presiding. All reports made by the Commission of In...Read more
The Queensland Flood Crisis - Part 1
Published January 2011 The Disaster Management Act 2003 (Qld) The response to Queensland flood crisis has been remarkable. In fact, it has been so well planned and coordinated that Queensland was not required to accept any search and rescue assistan...Read more
Barry.Nilsson. advises PNG on insurance contracts laws
On 29 July 2010 Robert Samut, Partner and Samantha Traves, Consultant, conducted a full day seminar in Port Moresby PNG on the introduction of a General Insurance Contracts Bill. The seminar, arranged by the PNG Insurance Commissioner, saw 150 people ...Read more
It's Time
On 10 September 2003 Senator Helen Coonan (then Minister for Revenue and Assistant Treasurer) and Senator Ian Campbell (then Parliamentary Secretary to the Treasurer) announced that the government was undertaking a comprehensive review of the Insurance Contracts Act 1984 (“the Act”). The government appointed Mr Alan Cameron AM and Ms Nancy Milne as the Review Panel who were supported by a Secretariat within the Treasury.Read more
High Court Rules in Favour of Principal Contractors
On 7 March 2003 major building works were being carried out on the Hilton Hotel in Sydney. Leighton Contractors Pty Ltd was the principal contractor. Access to the site was from level 4 (just below street level).Read more
Liability By Design
Architects and design professionals have experienced an increased exposure to personal injury claims in the last five or so years, particularly in Queensland following the enactment of the Personal Injuries Proceedings Act 2002Read more
Punitive damages - developments in the US
On 23 March 1989, the super-tanker Exxon Valdez was loaded with 53 million gallons of crude oil. The ship was captained by Joseph Hazelwood, who had only recently completed at 28-day alcohol treatment program.Read more
CGU Insurance Limited v Porthouse
CGU Insurance Limited v Anthony Porthouse High Court of Australia (30 July 2008) THE FACTS Anthony Porthouse is a Sydney barrister who, in May 2001, received instructions from the firm Cameron Gillingham Boyd to advise on the prospects of a Mr James...Read more
Still tripping over
On 14 October 2000 the plaintiff tripped and fell on the lid of a service pit, located adjacent to a concrete footpath. The service pit's lid was raised approximately one inch above the ground.Read more
Duties of financial planners
On 6 April 2005 James Delmenico, retired commonwealth public servant, contacted Paul Brannelly, director of Brannelly Financial Pty Ltd, in response to certain advertised investments.Read more
Briefing experts with privileged material
Stephen Watkins as litigation guardian for his son, Harrison Watkins, delivered a notice of claim under the Personal Injuries Proceedings Act 2002 (Qld) ('PIPA') on the State of Queensland, ('the State').Read more