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- Barry.Nilsson. cements national growth with record intake of 25 promotions
- 11th Edition of Best Lawyers
- Barry.Nilsson. completes national expansion with Perth office opening
- Barry.Nilsson. strengthens client offering with 12 new promotions
- Barry.Nilsson. Managing Partner sets the tone from the top, celebrating 27 exceptional years of steady leadership and growth
- Barry.Nilsson.’s Rhett Kennedy named ‘Lawyer of the Year’ as expanding national firm wins 18 peer-reviewed awards
- Barry.Nilsson. Nominated as Finalist in 2016 Australasian Law Awards
- Barry.Nilsson. Shines in Best Lawyers Listing for 2017
- Barry.Nilsson. Extends East Coast Expansion to Melbourne
- Barry.Nilsson. continues to promote top talent
- New Year, New Sydney Office for Barry.Nilsson.
- Barry.Nilsson. boosts accredited specialist count with 2 additions
- Barry.Nilsson. Lawyers Signs on for 10 Years
- Celebrating 50 Years
- Barry.Nilsson. Dressing Others for Success
- Industry Survey: Social Media Risks
- Barry.Nilsson. getting involved at Ronald McDonald House
- Barry.Nilsson. goes national with push into Adelaide, Hobart & Sydney
- Experiences of a Barry.Nilsson. Vacation Clerk
- Insurance & Health Law
- Barry.Nilsson.'s national Insurance & Health principals attract full recognition in Doyle's Guide 2018
- Senior appointments strengthen Barry.Nilsson.’s growing liability practice in Melbourne and Sydney
- Barry.Nilsson. bolsters national financial lines expertise with new Melbourne hire
- Insurance & Health Principal, Melanie Quixley, Awarded National Honour for Excellence in Client Service
- Barry.Nilsson.’s Insurance & Health practice attracts record-breaking recognition in Doyle's Guide 2017
- Financial Lines Expert Strengthens Barry.Nilsson.’s Award-Winning Insurance & Health Practice
- Barry.Nilsson. wins Professional Services Firm of the Year at 2017 Australian Insurance Industry Awards
- Barrier-Breaking Barry.Nilsson. Partner Fiona Sennett
- Doyle’s Guide Ratings Surge Delivers Vote of Confidence
- Workers’ Compensation Expert Strengthens Barry.Nilsson.’s Award-Winning Insurance Practice
- ‘Insurance fanatic’ Kennedy awarded industry body’s highest honour
- Barry.Nilsson. named Professional Services Firm of the Year
- CyberFiles Newsletter | Edition 1
- CyberFiles Newsletter | Edition 2
- Barry.Nilsson. named as a finalist in 2015 Australian Insurance Industry Awards
- Expansion Continues As Barry.Nilsson. Boosts Sydney Insurance Team
- Senior Associate promotions strengthen Barry.Nilsson.’s Insurance practice
- Barry.Nilsson. named as a finalist in the Australian Insurance Industry Awards
- Barry.Nilsson. named a finalist in the ANZIIF Australian Insurance Industry Awards
- Opportunity for insurers to help clients better manage social media risks
- A New Partner and Senior Associate for Barry.Nilsson.
- Family Law | Wills & Estates
- Barry.Nilsson. named First Tier Family & Divorce Firm in 2019 Doyle's Guide
- Barry.Nilsson. adds wills and estates services to its growing family arm
- Barry.Nilsson. expands Sydney family law team with new hire
- Barry.Nilsson. launches Sydney family law practice
- Barry.Nilsson. family law team recognises exceptional talent
- Barry.Nilsson. named First Tier Family & Divorce Law Firm in 2018 Doyle's Guide
- Family law expertise recognised across the board at Barry.Nilsson
- Barry.Nilsson.’s Geoff Sinclair appointed to first comprehensive review of the Family Law Act
- Same-sex couples getting married overseas? Be prepared
- Australia Takes the Lead to Hold World Congress on Child Protection
- Asia Specialist Strengthens Barry.Nilsson.'s Top Tier Family Practice
- Barry.Nilsson. Named Leading Family Law Firm For 4th Straight Year
- International Family Lawyer From World’s ‘Divorce Capital’
- Barry.Nilsson. Boosts Melbourne Family Law Practice
- Barry.Nilsson. Launches Melbourne Family Practice
- Barry.Nilsson. strengthens insurance, family law teams with new promotions
- Queensland’s Top Family Law Team Wins New Accolades
- Barry.Nilsson. Named Leading Family Law Firm
- Scott Wedgwood to join the partnership at Barry.Nilsson.
- Property & Commercial Law
- Firm News
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- Insurance & Health
- Building Professionals' Negligence
- Casebooks
- Class Actions
- Commercial Premises
- Rainy days and known risks burden occupiers
- Shopping centre escapes liability for injury to shopper
- Supermarket not liable for customer’s slip on grape
- Hotel occupier should have warned entrant of the presence of a raised timber platform in the lobby
- Westfield not liable to plaintiff for non-party independent cleaner’s negligence
- Court of Appeal confirms bank did not owe duty to protect customers from criminal acts of third parties
- Motel liable for failure to display signs prohibiting diving and indicating pool depth
- Compulsory Third Party (CTP)
- When is a road a road?
- Accident investigations: is there a role for reconstruction evidence?
- The big ticket changes in the new Motor Accident Injuries Act 2017
- Does a driver always owe their passengers a duty of care?
- What actions will constitute the 'driving' of a motor vehicle?
- Can a participant in the NSW Lifetime Care and Support Scheme 'withdraw' from the Scheme?
- The unstoppable drive of automated vehicles - likely impacts on CTP Insurers
- Motor Accident Injury Bill 2017
- Claim dismissed due to plaintiff’s delay and non-compliance
- Court of Appeal orders a re-trial regarding whether an unidentified motor vehicle caused the accident
- Just Horsing Around – the rule in Searle v Wallbank
- Garbo found to have been negligent on bin day
- Down to the wire
- Comma sense: motor vehicle defect exclusion read down due to punctuation
- The High Court decides – When is it reasonable to travel with a drunk driver?
- NDIS set to launch early in Queensland
- Volvo announces it will accept full liability if its autonomous cars are involved in a crash
- High Court decides on nervous shock claim arising out of motor vehicle accident. King v Philcox [2015] HCA 19
- Court of Appeal delivers clarity on journey claims
- Goreski v de Costa [2014] ACTSC 233
- Tinworth v Haydon & Insurance Australia Limited [2014] QCA 183
- T and X Company Pty Ltd v Chivas [2014] NSWSCA 235
- Nettleton v Rondeau [2014] NSWSC 903
- Credit Crunch - Attacking the credibility of plaintiff pays dividends
- Unavoidable Accidents
- AAI Ltd & Anor v Miles [2014] QCA 22
- Non-disclosure and misrepresentation - Michail v Australian Alliance Insurance Co Ltd [2013] QDC 284
- Plaintiff beats MFO at trial and seeks indemnity costs
- Pedestrian walking on a road hit by vehicle with lights on low beam
- The Supreme Court of Queensland considers whether a pedestrian was negligent after being hit by a motor cycle while crossing the road
- ACT Supreme Court looks at the meaning of ‘motor accident’
- The rise of driverless vehicles - who's in control?
- What do the words ‘arising out of’ actually mean?
- Cyber
- Risk Management implications of Australia’s move to PEXA
- The rise of driverless vehicles - who's in control?
- Could D&O be the new cyber liability 'pot of gold'?
- EU laws impact Aussie organisations
- Fraudulently-induced money transfers: crime or cyber?
- Notifiable Data Breaches scheme - are you ready for February 22?
- Damages
- Employer’s negligence limits its right of recovery from another tortfeasor
- Sexual assault at work results in large damages payout
- Court relies on social media evidence to reduce $20M damages claim to nominal sum
- Mere connection between an accident and employment does not mean employment “contributed to” an injury
- The cost of additional space needed to operate life preserving equipment is a ‘medical service’ and compensable
- No proportionate liability in dependency claims
- No liability for rent associated with housing life sustaining equipment and a carer
- Insurer granted right to further examination of plaintiff after inadequate report provided by expert
- NSW Court of Appeal overturns finding that PTSD constitutes a “bodily injury”
- The Court of Appeal upholds $2.7 million award in damages
- Significant damages awarded for psychiatric injury following death of plaintiff’s baby
- Mobil not liable for loss of opportunity damages following land contamination
- No interest payable on an award of damages for non-economic loss
- Defamation
- Our 'Rebel' tells no lies
- Newspaper ordered to pay significant damages for defaming former journalist
- Court adopts “not reasonable” test in refusing to grant an extension of the limitation period in a defamation case
- Court of Appeal upholds decision that Newspaper must pay significant damages for defaming journalist and pay indemnity costs on the District Court scale
- Comments on a Councillor’s capabilities not honest opinion or fair comment
- Directors & Officers
- Discrimination
- Employer's Liability
- Slip time slip up: a fair dismissal
- Unfair dismissal claim fails despite flaw in dismissal procedural
- Assumption a costly mistake
- Workplace bullying, or a little wine amongst colleagues?
- No breach of duty leads to teacher’s reinstatement
- New labour hire laws and licencing requirements in Australia
- Commission’s powers to deal with inconsistencies between Enterprise Agreements and State Legislation
- Decision to dismiss employee for incapacity upheld despite conflicting medical opinion
- “A Coal Mine - not a Convent” – termination for verbally abusing fellow employees was harsh, unjust and unreasonable
- Transfer of business and consequences for Employment Agreements
- Employee awarded significant damages as a result of employer’s repudiatory conduct
- Shadow lawyers and representation in the Fair Work Commission
- The importance of specifying a ‘particular time’ for employment termination to take effect
- Dismissal for allegedly failing to fit a work culture constituted unlawful discrimination
- Seemingly innocent statements expose employer to claims
- Labour hire employers must follow due process when host employers dismiss their workers
- Employer hit with hefty penalties for sham contracting
- Agreeing to an employee's request to be demoted constitutes adverse action
- Dismissal of employee who sent abusive emails from work email account is not unfair
- New Working With Children Check Requirements in Victoria
- Court provisionally enforces 10 year restraint of trade period
- Can an employer direct an injured worker to see its own doctor?
- Temporary Skills Shortage Visa and its obligations on employers
- Full Court of Appeal upholds dismissal relating to controversial social media comments
- Franchisors and holding companies face increased risks under proposed Fair Work Act changes
- FWO seeks injunction restraining employer from underpaying workers in future
- Employer discriminated against chartered accountant who contracted TB
- Employer’s negligence limits its right of recovery from another tortfeasor
- Unreliable witness loses her case against employer
- Mine operator successfully relies on contractual indemnity
- No employment connection for juicer injury
- Tribunal finds that employer did not discriminate against employee with alleged gambling addiction
- Contributing factors to the failure to prove causation
- Court finds MAIB not liable to indemnify employer for PTSD compensation paid
- Victoria or New South Wales? A question of applicable law
- Mine worker injured in car accident on way home from consecutive shifts successfully sues employers
- Principal not liable for injuries to subcontractor’s employee
- Employer liable for psychiatric injury to employee from overwork and stress
- Employer liable for fatal helicopter crash
- Sexual assault at work results in large damages payout
- When duties conflict - employer should have protected its employee from assault by client
- Landmark damages award for quad bike rider rendered quadriplegic
- Mum’s claim for nervous shock dismissed
- Sub-contractor solely liable for injuries to labour hire worker
- Employer’s administrative action the cause of an employee’s psychological condition
- Comcare not liable for injuries sustained during a break from work at home
- Court says no second bite of the cherry for workers with rejected injuries
- Employer occupier not liable for employee’s injuries when tripping exiting building lift
- Workplace Health & Safety sparks concern for principals
- Plaintiff awarded over $1.6 million for injuries caused by uneven emergency staircase
- Health Sector
- Radical surgery and the limits of parental control: The removal of half of Baby K’s brain
- No breach in duty of care by QAS officers in hypoxic brain injury case
- Who can access children's medical records?
- Caring decisions: when doctors and parents disagree
- Eating disorders: use of involuntary treatments and the issue of consent
- An ounce of prevention or a pound of cure?
- Ryan’s Rule: Queensland’s patient, family and carer escalation process
- The fallibility of fax machines to communicate test results – Inquest into the death of Mettaloka Malinda Halwala
- Coroner's Corner - Inquest into the death of Paul Joseph Milward
- Transitioning Power Part 2: Re Kelvin provides clarity
- Amendments to the Poisons Standard: Changes to patient access for medicines containing codeine
- Mum, why can’t we sit in the waiting room?
- Until platypus milk saves the world, how to minimise claims exposure for superbug infections
- Superbugs 101
- Colagrande v Health Ombudsman (No. 2) [2017] QCAT 406
- Medical Board of Australia v Pearse (No. 2) [2018] QCAT 24
- Medical Board of Australia v XY [2017] QCAT 443
- Managing Inpatient Suicides – Inquest into the death of Steven Hitchins and Shawn Gudge
- Restraining unruly hospital patients – Inquest into the death of Andrew Osborne
- Coroner's Corner - Investigation into the death of Timothy John
- Coroner's Corner - Investigation into the death of Reginald Stimpson
- Transitioning Power: Children, Gender Dysphoria and Consent
- How much is too much information? The dose response curve of informed consent
- Consent to surgery: who will be my surgeon?
- Changes to QLD Health Practitioner National Law
- Crime and the incapacitated patient
- Coroner's Corner - Inquest into the death of Gwendoline Mead
- Coroner's Corner - Inquest into the deaths of Nixon Tonkin and Archer Langley
- Coroner's Corner - Inquest into the death of DR
- Case Review: Zaphir ats Health Ombudsman [2017] QCAT 193
- Case Review: Colagrande v Health Ombudsman [2017] QCAT 108
- Case Review: Medical Board of Australia v Azam (No.2) [2017] QCA 2206
- The substitute decision-maker: a guide for health care providers
- The tricky matter of assessing capacity and the woman who lost her sparkle
- Fake news? Doctors and disciplinary proceedings
- Coroner’s Corner – Tragic Death in Paradise: Inquest into the Death of Leila Michelle Trott
- Coroner’s Corner – Inquest into the Death of Bradley Coolwell
- Mandatory reporting – A hospital’s obligations
- Dr Death: a tale of two countries
- Latest Legislation: Changes to Queensland’s Public Health Law
- Brave new world: developments in foetal medicine and legal implications
- Disciplinary Decisions: Medical Board of Australia v Kanyowa [2016] QCAT 450
- Disciplinary Decisions: Health Ombudsman v Antley [2016] QCAT 472
- Coroner's Corner - Inquest into the death of Leah Elizabeth Floyd
- Hard decisions: incapacity, termination of pregnancy and the law
- Hope on the horizon for a reliable predictor of pre-term labor
- Coroner's Corner - Investigation into the death of Ruth Capps
- Coroner's Corner - Inquest into the death of 'ES'
- Changes to Queensland’s Mental Health Act
- Health Complaints – Don’t forget about the Doctor’s health
- Coroner's Corner - Could quitting smoking be dangerous for your health?
- Electroconvulsive therapy – liability and associated risks
- Challenges for staff in mental health wards
- A shocking $1.8 million for a psychiatric injury
- Consent to treatment in emergency situations
- To test or not to test? Rothonis v Lattimore [2016] NSWSC 1409
- Coroner's Court of Queensland - Investigation into the death of Mr B
- Security risks within the Emergency Department
- Coroners Court of Queensland - Finding of Inquest: Inquest into the death of Michael James Calder
- Coroners Court of Queensland - Finding of Inquest: Inquest into the death of Mark Anthony Plumb
- Coroners Court of Queensland - Investigation into the death of SJM
- Medical Board of Australia v Dr Wong [2016] QCAT 112 (Delivered on 1 April 2016)
- Medical Board of Australia v Shah [2016] QCAT 158 (Delivered on 22 March 2016)
- Lee v Medical Board of Australia (No 2) [2016] QCAT 321 (Delivered on 26 August 2016)
- Possible Changes to Queensland’s Abortion Law
- Mandatory data breach notification – what does it mean for healthcare providers?
- Privacy in an age of distrust
- Medical Board of Australia v Kenneth James Stark [2016] QCAT 175 (Delivered on 2 March 2016)
- Medical Board of Australia v de Silva [2016] QCAT 63 (Delivered on 30 May 2016)
- Medical Board of Australia v Ong [2016] QCAT 54 (Delivered on 20 May 2016)
- Continuing regulatory and insurance crisis surrounding home births
- AHPRA Performance Report for Queensland Practitioners
- Hospital-acquired infections – When are hospitals legally liable?
- Cerebral palsy – a genetic condition?
- What do the new Mental Health reforms mean for hospitals and medical practitioners?
- What does the NDIS cover?
- Coroners Court of Queensland
- Coroners Court of Queensland - Finding of Inquest
- Inquiry into Performance of the Health Ombudsman
- Stefanyszyn v Brown; Brown v Newcastle Private Hospital Limited t/as Newcastle Private Hospital [2016] NSWSC 826
- NDIS set to launch early in Queensland
- How do doctors proceed with treatment when their patient can’t consent?
- Disciplinary Bodies: Not Immune to an Adverse Costs Order
- Assaults By Health Care Providers - Passing The Therapeutic Purpose Test
- Last Rights: End of Life Medical Decisions for Doctors
- Peer professional opinion – the facts are still critical
- The Queensland Health Ombudsman – six months down the track
- Does a hospital owe a duty of care when discharging a mentally ill patient?
- AHPRA investigation discontinued and physiotherapist’s registration re-instated
- Usual practice and the failure to warn – guidance from Neville v Lam (No 3).
- Recent Health Practitioner Decisions
- Goodbye Health Quality and Complaints Commission, hello Health Ombudsman
- Regulatory and Insurance Crisis Surrounding Home Births
- Coroner’s Inquests - Wide ranging inquiries with wide ranging consequences
- Mental Illness - Challenges for Health Service Providers
- Health Care Complaints - Looking backwards, and looking to the future
- Bold new regulation? The Queensland Health Ombudsman Act 2013
- To repay or not to repay? A health insurer’s subrogation rights under the microscope
- Health Quality and Complaints Commission Annual Report
- Health related mobile applications - Buyer beware or liability minefield
- No escape for medical centres in follow up cases
- Idamaneo v Gross - How effective are indemnity clauses in doctor's contracts?
- Inadequate staffing exposes health care practices to liability claims
- More Class Action Pain for Johnson & Johnson
- Total Recall – When should a doctor follow up a patient?
- Discharge of a Patient - Not just an administrative issue
- Going Back to the Future of Infection Control
- Hips and PIPs - and what to do when a patient asks for an explanted implant?
- Refusal of blood - What are doctors supposed to do?
- The high price of providing unnecessary medical treatment - Dean v Phung [2012] NSWCA 223
- Changes ahead for medical device regulation?
- Euthanasia - the unresolved issue
- Health Practitioners and the regulation of sexual misconduct in the noughties and beyond......
- Walking The Tightrope – mental illness; patient rights and doctor’s liability
- Wrongful birth may give rise to damages for life
- Who said insurance isn’t an emotional purchase?
- In the United States . . .December
- Limitation Periods: Whose side is time on?
- The Federal Court affirms an Insurer’s right to cancel a contract of insurance where an insured has made a fraudulent claim
- Electronic Health Records – Handle with extreme care
- Defective Hip Replacements – Implications for Doctors and Hospitals
- State of Queensland v Allen – so, what exactly is a 'medical report'?
- Social Media, not Social Medicine
- Sullivan Nicolaides v Papa [2011] QCA 257 – more than just monitoring required
- The claimant's specialist report – your first line of defence
- The Bolam Principle - not the be all and end all
- In the United States… November
- Now that's a Health Care System
- Health Law Newsletter April 2011
- Courts Must Beware When Medical Opinions Are Split
- Slaveski & Ors v Austin Health [2010] VSC 493
- Wallace v Ramsay Health Care Ltd [2010] NSWSC 518
- The High Court decision in Tabet v Gett
- Granting a Patient's wish to die - Withdrawal Of Medical Treatment
- G, PA and C, P v Down
- Brown v Simpson
- Hegarty v Queensland Ambulance Service
- A surgeon’s bias leads to a failure to consent
- South Eastern Sydney Area Health Service & Anor v King
- Strict adherence to the Mental Health Act, is it necessary?
- Man awarded $3.8m when spinal surgery led to paraplegia
- Hospital liable for amputation to child’s thumb following infection due to delay in treatment
- Insurance Issues
- Claims made policy sows the seeds of doubt – but not on appeal
- Section 6 Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) – does not change the onus of proof for out of time claims
- Careless fraudster and mobile phone records defeat property damage claim
- Pursuing an insurer for personal injury damages
- Insured cannot ‘court the risk’ where risk is unknown
- Labour hire employer not liable – no dual vicarious liability in Australia
- Insured weathers storm of property versus business interruption policy quagmire
- Policy construction: the meaning of “third party claim” in a professional indemnity policy
- The importance of satisfying a condition precedent
- Broker not in breach of duty when advising on increased declaration of Gross Sales Turnover with respect to business interruption renewal
- Employer’s negligence limits its right of recovery from another tortfeasor
- Insurer obliged to indemnify brothel owner for fire damage despite non disclosure
- High Court to decide whether Federal Court had power to prohibit indemnification for a penalty imposed by it
- To be or not to be a party to the contract
- The dangers posed by punctuation: a comma prevents Insurer relying on defects exclusion in motor vehicle policy
- Non-Disclosure & Misrepresentation under the Insurance Contracts Act 1984 (Cth)
- Proving insurance fraud following house fire
- A negligent act with an appreciation of the risk can still be an ‘accident’
- Claims must be made by a “third party” to enliven the insuring clause
- Insurer cannot deny indemnity because of criminal actions of insured’s son
- Insurer not entitled to rely on exclusion clause relating to ownership or occupation
- No MACA compensation for injured worker because injury not caused by driving of vehicle
- Insurer ordered to indemnify for crop loss following hailstorm
- A win for reinsurers - no back to back cover because of initial event sentence
- Double insurance: what is the effect of other insurance clauses?
- No License, No Problem – Section 54 Strikes Again
- The utility of joining insurers to proceedings; what to do, what to do
- S54 on the high seas
- Claims Made Policy Sows the Seeds of Doubt
- Court of Appeal affirms that a “back-to-back” presumption will not trump the intention of the parties.
- Policyholder withstands the pressure of insurer’s attempt to deny indemnity
- Insurer not liable to indemnify insured for its liability under a cap and collar agreement or for defence costs of arbitration proceedings
- Houseboat operator fails to take appropriate precautions, resulting in double leg amputation
- WA District Court finds the defendant insurer is liable to indemnify the deregistered insured company and awards over $1.6M in damages to the plaintiffs
- Procedure
- Accept or Decline - How Commercial Transactions have tapped their way into Jurisdictional Uncertainty
- Not so cool-as-a-(sea)cucumber: Misrepresentation claim against respondent Council statute-barred
- As an aside – principles to be considered when seeking to set aside a subpoena to produce
- Lengthy delay adequately explained by incorrect advice
- A new Day for PIPA?
- Professional Indemnity & Financial Lines
- NSW Supreme Court Finds in Favour of Insurers on Aggregation of Claims
- Financial Services Royal Commission hands down Interim Report
- Australian Law Reform Commission Class Action and Litigation Funding Review - Key Proposals for Class Action Reform
- A case for insuring Civil Penalties
- A timely decision as the Financial Services Royal Commission rolls on
- WorkSafe prosecutions: an upwards trend in penalties
- Amending and Enforcing Scheme Constitutions: the High Court to Decide
- NSW Court of Appeal clarifies the standard of care owed by auditors
- Side-C premium movements
- The scope of policy exclusions considered from across the ditch
- A warning shot fired at Financial Services Licenses regarding the best interest and appropriate advice duties
- The $50 million question - the importance of clearly drafted policies of insurance
- Top 10 Potential Coverage Issues for the Banks Royal Commission
- Proportionate liability: how it came about
- Proportionate liability: how it operates
- Proportionate liability: a case in point
- Proportionate liability: implications for professionals and professional indemnity insurance
- Proportionate liability: proposed reforms
- A Duty of Care and The Broker
- FOS to be abolished and replaced by AFCA
- Changes to professional standards for financial advisers: The Corporations Amendment (Professional Standards of Financial Advisers) Act 2017
- Amending and enforcing scheme constitutions: what we’ve learned from Lewski v Australian Security & Investments Commission [2016] FCAFC 96
- ASIC Enforcement Review Taskforce – Consultation on significant breach reporting
- Bird is the Word
- NSWLRC Leads the Charge - Recommends Amendments to ‘Section 6’
- Operation of Indemnity Clauses, Insurance Exclusions and the Unfair Contracts Legislation
- Limitation period extended for child sexual abuse claims
- Class actions for Queensland
- Pokémon Go – catching your private data
- Badenach v Calvery [2016] HCA 18
- ProFiles Edition 3 | May 2016
- Advocates’ Immunity - Attwells & Anor v Jackson Lalic Lawyers Pty Ltd [2016] HCATrans 048
- The correct approach to interpretation of contracts of insurance – a fundamental reminder
- “Professional services” in an exclusion clause? The Full Federal Court of Australia provides an interpretation
- Limitation period abolished for historical child abuse claims in NSW
- Decisions of clinical reviewers and health service investigators may be subject to judicial review
- Recent FoFA Developments
- The Financial Ombudsman Service's Approach to Insurance Broker Disputes
- The Wrongs (Amendment) Act 2015 (Vic) has commenced - What does this mean for you?
- Proportionate liability under Part IVAA of the Wrongs Act 1958 (Vic) – Who bears the costs in a VCAT proceeding?
- Acting in good faith: recent guidance from the Supreme Court of New South Wales
- ProFiles Newsletter | Edition 1 October 2015
- Commissioner finds the Grantham quarry did not cause or materially contribute to the Grantham floods
- Checking Domestic Building Insurance – the hidden obligation on Building Surveyors
- QCAT orders not enforceable in QCAT
- Grossing up damages for tax
- Quantifying a Claim for Restitution in Cases of Fraud? Recent Federal Court Case Provides Direction
- A scuffle between patrons - Should the Bowling Club be found liable?
- Statutory Liability Insurance – Is it contrary to the law?
- FOS Rejects Complaint Related to Geared Investment Strategies
- The Insurance Act 2015 (UK) – an overview and implications for the Australian insurance market
- Selig v Wealthsure - Costs orders against insurers
- Cost Orders against a Non Party
- Cyber stakes on the rise
- Statutory liability insurance - is it contrary to public policy?
- Cyber is the new black...
- The Future of Financial Advice - the policy impacts of a new Government
- Bank's defence costs claim fails
- Payment of defence costs upheld despite statutory charge
- Amendments to Insurance Contracts Act passed
- New ‘worker’ definition leaves some contractors out in the cold
- Hancock Foundation hits a dead end with insurance claim
- Barry.Nilsson. Lawyers successful in defending allegations of copyright infringement
- High Court delivers its first decision on proportionate liability
- The Future of Financial Advice – will reforms have any impact on claims?
- 2013... Lucky for some?
- Sins of the Brothers
- The foreseeability of the GFC: could there be liability for all those losses?
- Insurance fraud - taking it out of the too hard basket
- Interest under section 57 of the Insurance Contracts Act 1984
- The pitfalls of relying on insurance that has been arranged by others...
- Should insurers be identified as “interested non-parties” in litigation?
- Insurance payout non refundable - notwithstanding breach of policy condition
- What do the words ‘arising out of’ actually mean?
- What is a claim?
- In the course of your employment
- The lucky number for insureds is 54...
- Director’s OHS Duties
- A warning from the Queensland Supreme Court to Insurers: pay as early as possible or risk paying more than you bargained for...
- Are insurance contracts unfair?
- When exactly is a contract of insurance formed?
- World Trade Centre Default Judgement - But enforcement may be difficult
- It's Time
- Liability by Design
- CGU Insurance Limited v Porthouse
- Duties of financial planners
- Risk Management implications of Australia’s move to PEXA
- Proudly Supported by Westpac? Storm Financial class action settlement gets Federal Court seal of approval
- Professional Negligence
- Claims Made Policy Sows the Seeds of Doubt
- Policyholder withstands the pressure of insurer’s attempt to deny indemnity
- Group proceeding no bar to raising individual claim
- High Court affirms scope of advocates’ immunity
- Proudly Supported by Westpac? Storm Financial class action settlement gets Federal Court seal of approval
- Real Estate Professionals Beware: Are you providing financial advice?
- Solicitor not liable to financier client despite breach of duty
- Property Claims
- Combustible cladding in Australian construction – where to from here?
- ‘Non-compliant’ cladding issues update
- Are claims for breach of the implied warranties in domestic building contracts apportionable claims? – An overview of the positions in NSW, VIC and QLD
- Clad Wrap: Implications for insurers arising out of non-compliant cladding
- UPDATE: Building Legislation Amendment (Consumer Protection) Bill 2015 (Vic)
- Building Legislation Amendment (Consumer Protection) Bill 2015 (Vic)
- Volvo announces it will accept full liability if its autonomous cars are involved in a crash
- Commissioner finds the Grantham quarry did not cause or materially contribute to the Grantham floods
- Expert evidence used to support an insurer’s declinature of cover under a policy
- Terrorism Insurance: When are terrorism exclusions effective and what more needs to be done for the victims of terrorist acts?
- Waiver of privilege by disclosure to insurer
- Important amendments to the Home Building Act 1989 (NSW) passed by NSW Parliament
- Flood decision has potential to unleash a torrent of claims
- The lucky number for insureds is still 54...
- Aggregation & the World Trade Center
- The pitfalls of relying on insurance that has been arranged by others...
- Should insurers be identified as “interested non-parties” in litigation?
- Interest under section 57 of the Insurance Contracts Act 1984
- What do the words ‘arising out of’ actually mean?
- The Insurance Industry and Disaster Events
- World Trade Centre Default Judgement - But enforcement may be difficult
- The Queensland Flood Crisis - Part 3
- The Queensland Flood Crisis - Part 2
- The Queensland Flood Crisis - Part 1
- Punitive damages - developments in the US
- It's Time
- Public & Product Liability
- Occupier and employer equally liable for swim teacher’s injuries
- Court of Appeal affirms homeowner’s liability for slip on wet tiled steps
- Council and insurer successfully appeal finding of liability to injured subcontractor
- Principal not vicariously liable for system of work designed and imposed by a subcontractor
- Court finds Council not in breach of statutory duty
- Council liable for injuries caused by protruding stormwater pit
- Alleged bullies may get employer support
- Court of Appeal affirms public authority immunity provisions in NSW CLA
- High Court finds claim for vicarious liability of school for sexual abuse statute barred
- Injury in PE Class not School’s Fault
- Who is responsible? Host employer vs labour hire employer
- Amendments to WCRA leave Byrne in play
- When can I require the claimant/plaintiff to undergo a further medical examination?
- How Facebook can be your ‘friend’ in litigation
- Are in-ground traffic lights for distracted pedestrians a red light for local governments?
- Residential Occupiers: Safe as houses?
- Bye Bye Byrne? Workers’ Compensation and Rehabilitation (National Injury Insurance Scheme) Amendment Bill 2016
- Insurer not entitled to deny coverage for jet ski accident
- The Queensland Supreme Court finds that fund management fees are not recoverable under a statutory “liability for a death” claim
- Statutory defences – a win for public authorities
- When a guest takes a tumble - The duty of care of residential occupiers
- The fortunes of those pursuing footpath claims take another tumble
- The stark story of the mining industry - How can it affect injured miners and their claims for economic loss?
- Federal Court of Australia introduces Insurance List for Short Matters
- MacDougal v Mitchell [2015] NSWCA 389
- No one at fault for catastrophic injuries sustained by young girl in pool diving accident
- Residential Occupiers Found Liable: Has the castle been breached?
- Making the assessment of obvious risk more obvious
- NDIS set to launch early in Queensland
- Damage...the gist of the action and a question of fact
- Volvo announces it will accept full liability if its autonomous cars are involved in a crash
- Changes to Workers’ Compensation scheme….
- Commissioner finds the Grantham quarry did not cause or materially contribute to the Grantham floods
- Legislation Update: WorkCover
- Council found not liable for the criminal act of a third party… again
- When can a plaintiff be required to undergo multiple medical examinations?
- “Appalling inadvertence” not enough to topple claim
- “Appalling inadvertence” not enough to topple claim
- BREAKING NEWS...
- Medico-Legal Experts - Current experience and specialisation come up trumps
- Insurance Companies beware of being joined to PIPA Proceedings
- Council found not liable for cliff fall that left plaintiff paralysed
- Cost Orders against a Non Party
- Injured chair lift user gets the “Perisher Blues”
- Immunity for volunteer organisations and their volunteers
- Murder and Mayhem in the Workplace
- Don't get tripped up: reviewing an occupier's liability for stairs
- When things go Berry Berry Bad….. Product liability exposure for an importer
- A Landmark Decision
- Important amendments to the Home Building Act 1989 (NSW) passed by NSW Parliament
- “Barista Elbow” results in $600,000 damages
- Contractor liability in Australia - engaging competent subcontractors is key
- The tort of misuse of private information - another English export
- Alcohol related violence and the common law
- Personal Injury Claims Management Course Back in 2014
- Queensland Court of Appeal says you cannot compensate yourself
- Recovery of mitigation costs
- Insurance Fraud – the greatest moral, economic and social challenge facing the insurance industry today?
- Exaggerated Personal Injuries Leads to a Contempt of Court Charge
- Climate Change and Insurance Cover
- High Court Rules in Favour of Principal Contractors
- Host employer liable for failure to supervise even though work system safe
- Still tripping over
- Professional Horse Racing is a Dangerous Recreational Activity
- State Local Authorities
- Protection from civil liability defence not available to Queensland State Government
- Rainy days and known risks burden occupiers
- The grass is always greener on the other side
- Council as certifying authority overturns finding of liability to subsequent purchaser for structural defects
- A reserve is not a “pathway” and statutory defence applies but does not relieve Council for breach of common law obligations in respect of infrastructure
- A win for local authority - Council not liable for plaintiff’s tumble
- Railway Operator and State Authority found liable in nuisance to the plaintiff for causing erosion and subsidence
- Council liable for developer’s economic loss flowing from issue of inaccurate zoning certificate
- No duty of care owed by public authority to prevent economic loss when determining water licence application
- Transport
- Council not liable for injuries after car loses control in roadworks area
- Victoria or New South Wales? A question of applicable law
- NSWCA rules on liability evidence and contributory negligence in blameless motor accident case
- Calculating the reduction of damages for a contributorily negligent plaintiff in a blameless accident
- Claimant must comply with request to attend MACA medical to continue claim
- Illegality of electric cycle not determinative of liability or contributory negligence
- No blameless accident in NSW unless fault in owner’s use or operation of vehicle
- Rent is a medical benefit under Motor Accidents Regulations
- Insurer not liable for catastrophic injuries of unlicensed driver
- Witnesses and traffic history quash motorcyclist’s claim for damages
- Workers' Compensation
- A win for Tasmanian employers when it comes to disputing medical expenses
- Employer’s duty of care in the face of pre-existing conditions
- Service station brawls and 2am falls, can they result in compensable injuries?
- ‘Sharing is Caring’…or is it?
- Negligence claim against employer succeeds after the activation of a portable alarm caused the plaintiff to be startled and strain his neck
- A breach of policies and procedures doesn’t necessarily equate to serious and wilful misconduct
- A jurisdictional storm for Tribunals or just a storm in a tea cup?
- Step by Step: ACT Court of Appeal offers "infinitesimally low" view on Coles' Standards of Care for employees
- What Queensland Self-Insurers Need to Know: Report of the Second Five-Yearly Workers’ Compensation Scheme Review in Queensland
- Employer successfully forces worker to attend medical examination
- Employer doesn’t have to provide all grounds, but it must prove at least one
- Employer’s liability for a worker riding pallet jack like a scooter
- Employer’s duty of care in conducting workplace investigations
- When is a person on a work trial a 'worker' under workers' compensation legislation?
- Employer can dispute liability for further workers’ compensation payments where there is a 14 (or more) day gap in medical certificates
- Worker entitled to compensation for injury sustained during cricket game
- Worker entitled to compensation even where no signed employment contract is in place
- 2018 Amendments to the Workers’ Rehabilitation and Compensation Act 1988 (Tas)
- Cessation of Weekly Payments on Account of Age - A Comparison Across all Jurisdictions
- Pile driver held liable for injury to third party construction worker
- Wright v Glencore Queensland Limited [2016] QSC 247
- CTP.Files
- CyberFiles
- EPL.Files
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- Family Law | Wills & Estates
- Children's Disputes
- Out of the mouths of babes: information gathered from children in family law proceedings
- Children’s wishes in family law proceedings - relevant but not determinative
- Family law issues facing schools
- How to prevent the risk of international child abduction in family law matters
- Vaccinating your child – when parents don’t agree
- At what age can a child tell the Court with whom he or she should live?
- Back to school - how to navigate education as a separated parent
- Holiday Warning: Taking the children overseas without consent could land you in prison
- Can you take your child overseas if one parent does not agree?
- What’s in a name?
- Domestic Violence
- White Ribbon Breakfast 2016
- Palaszczuk Government stays strong in the Vanguard against Domestic Violence
- The challenges of international co-parenting, Lebanon or elsewhere
- Domestic Violence is not just limited to physical abuse…
- Domestic violence on the rise
- Domestic violence: what is it, what do I do and can the Courts help?
- Are the Government’s actions enough in response to Domestic Violence?
- General
- The importance of language employed in family law disputes
- What’s Yours is Mine
- Same sex marriage – when ‘I do’ becomes ‘I don’t’
- Spousal maintenance - when will it end?
- So my spouse has gone bankrupt… what happens next?
- What are the obligations of a step parent to a step child following separation?
- Same sex marriage – is it time?
- Same sex marriage – de facto v matrimonial – what is all the fuss about?
- So your ex is a cheating $%@! --- Will you get more in the property settlement?
- SMSF Strategies for Successful Succession
- Show me the money ... not if you're just "friends with benefits!"
- Social Media ‘Pre-nups’
- When will we see grandma and grandpa again? The effects of separation on grandparents
- Why a Will may be essential for anyone who is a member of a superannuation fund
- Womb for rent or just part of the Circle of Life?
- Where there is a will there is a wrong way
- Am I in a de facto relationship?
- Making a Power of Attorney in Queensland
- The Family Report ... be prepared!
- Death Benefit Nomination held to be binding on a Self Managed Superannuation Fund Trustee
- Testamentary Trusts
- Appointing a Testamentary Guardian for your Child
- Family Law Property Settlement - As easy as 1, 2, 3 (4)
- Japan Finally Signs Hague Child Abduction Convention
- Special Disability Trusts
- My child doesn’t want to spend time with the other parent....
- Making Sure the Agreement Sticks - Property settlements in family law matters
- Can a Will be made on an iPhone?
- Selling a Matrimonial Property Following a Separation - 8 Top Tips
- How Self Managed Superannuation Funds should be dealt with in Estate Planning
- A no returns policy – family law, organ donation and plastic surgery
- Prospective Inheritance in Property Settlements
- Demystifying Spousal Maintenance, Child Support & Child Maintenance
- Avoiding Holiday Hassles with Children of Family Court Proceedings or Parenting Orders
- The 'Ins and Outs' of a Child Support Agreement
- Australia's first same-sex marriage and the operation of the Family Law Act 1975
- Tax ruling means big changes for matrimonial property settlements
- Social media in the family law sphere: friend or foe?
- The new Surrogacy Act 2010 (Qld) - a guide for potential surrogates
- Premature distributions, waste and add-backs – The Family Court again tackles Notional Adjustments to Property Pools
- Family Law Amendment Bill a step in the right direction and hopefully the first step in further reforms
- The Family Law Amendment (Validation of Certain Parenting Orders) Bill 2010
- Parental Responsibility - Implication, Order & Effect
- Traps when providing for spousal maintenance in financial agreements
- Post-Mortem Sperm Harvesting
- Parental Alienation in the Courts
- Binding Financial Agreements - A Plague on Both your Houses!
- Are the 'Recommendations' of Family Report Writers Admissible Evidence?
- When will the court order paternity testing?
- Is Contested International Relocation Dead?
- De Facto Property Proceedings – The State Courts will hang on
- Kennon v. Spry – The High Court and discretionary family trusts
- Property settlements, property orders and the Global Economic Crisis
- Guardianship
- International Family Law
- How to prevent the risk of international child abduction in family law matters
- Pre-nups going global…
- Need a ‘clean break’? Reviewing the financial relationship between former spouses
- Global Maintenance! How Do I Enforce Overseas Spousal Maintenance in Australia?
- **Holiday alert** Closing the gap: unlawful retention of children overseas to be criminalised.
- The Child Protection Convention
- Separated and planning an overseas holiday? Here's what you need to know.
- Procedure
- Property Settlements
- Adjusting for Violence | Law Institute Journal, February 2018
- What's mine is yours | Law Institute Journal, January 2017
- Beginning, middle or end – the Family Court carefully considers contributions
- Severance of Joint Tenancies
- Don’t worry – I bought that property in a trust … my ex won’t be able to touch it! Right or wrong?
- Separation & Divorce
- ‘Calvin’ up the inheritance
- Dr Seuss on Separation & ADR
- Top Five Tips for Keeping Your Divorce Out of the Spotlight
- Orders have issued… what happens when it all goes wrong?
- Queensland Government takes unprecedented steps in new domestic violence legislation
- The reality of “going to court” – the alternatives
- If you think your ex-spouse is a louse – think twice before telling your friends on Facebook…
- Your shout at the bar? Careful, you could be shouting your ex the house!
- I’m planning my wedding but I am not yet divorced!
- A decade after the divorce; what's mine is still yours?
- Government relationship vouchers to start in July
- Surrogacy
- Wills & Estates
- Does your Will do what you want it to? - Assets that do not automatically form part of your estate
- The impact of statutory wills on Family Court property proceedings
- Munro & Anor v Munro & Anor [2015] QSC 61
- What is a "letter of wishes"?
- What are your New Year's resolutions?
- Wills can create startling results for those left behind
- When is a spouse a de facto spouse?
- What? My death might benefit my ex?
- All is not lost with a lost Will
- A Will challenged resulted in legal costs exceeding the value of the estate
- Children's Disputes
- Property & Commercial
- Commercial Leasing
- Expanded scope of energy efficiency disclosure laws
- Amendments to Retail Shop Leases Act take effect to restore Lessor’s defence for defective
- Lessor’s defence for defective disclosure restored to the Retail Shop Leases Act
- Parliamentary Committee gives the go ahead for amendments to the Retail Shop Leases Act
- Amendments to Retail Shop Leases Act effective from 25 November 2016
- Retail Shop Leases Amendment Act receives royal assent
- QLD Parliament passes Retail Shop Leases Amendment Bill
- Ratchet Clauses in Commercial Leases
- Re-introduced Extensive Changes to Retail Shop Leasing in Qld
- General
- Selling or buying a joint interest? 12 clauses to regulate the transfer of your joint ownership
- Disclaimers – they won’t necessarily stop a claim
- Attention landlords! New legislation affecting ability to recover land tax
- Restoration of Lessor’s Defence for Defective Disclosure
- Protection from unfair contract terms extended to small businesses from 12 November 2016
- Trading times they are a-changing
- High Court Rules on Dissenting Unit Owners’ Votes
- Selling property for more than $2 million – make sure you get a clearance certificate first
- Sale of commercial premises – seller can terminate if buyer fails to advise of due diligence
- Your tenant ceases trade – can you force the tenant to recommence trading?
- Committee endorses Retail Shop Leases Amendment Bill 2015 (Qld)
- Is an owner able to terminate a lease when a tenant has entered into a Deed of Company Arrangement (DOCA)?
- Is the Planning and Environment Court Bill 2015 a cause for optimism for commercial landowners seeking to challenge Development Approvals? The Primary Purpose test.
- Important Changes to Retail Shop Leasing in Qld – What You Need to Know
- Property Occupations Act – it’s official
- Goodbye PAMDA - Property Occupations Act Now Passed
- Investing in Your Due Diligence - Because it's worth it
- Queensland Government calls for submissions to review framework for lot entitlements in Body Corporate schemes
- Liquidator’s Power to Disclaim a Lease Confirmed
- New regional planning legislation to impact resource activities in Queensland
- New laws to split and repeal the Property Agents and Motor Dealers Act 2000 introduced into Parliament
- Queensland Airports - An Economic Directions Statement 2013-2023
- Increased liability for sellers of land near waterways on the Gold Coast
- No loss to vendor where residential property bidder engages in misleading and deceptive conduct at auction
- Changes to the Body Corporate and Community Management Act
- Are vendors entitled to the deposit in addition to other remedies in the event of termination for purchaser’s default?
- Queensland Appeals Court held purchaser could not rely on section 27 of Land Sales Act to avoid contract
- New National Online Register for Securities over Personal Property
- New law to encourage the settlement of disputes regarding dividing fences and trees with your neighbour.
- The Carbon Pricing Scheme – How will it affect Landlords?
- Transfer Duty Changes to Come into Effect 1 August 2011
- Valuation Notices Issued
- We told you so - ‘Ratchet’ Rent Review Clauses to be Outlawed for Qld Retail Leases
- Quick Guide to giving disclosure under the Retail Shop Leases Act
- Options Deeds – Are they governed by PAMDA?
- New law balances the scales for consumers
- How green is your office building?
- How green is your shopping centre?
- Has the GFC changed how the courts apply PAMDA to contract disputes?
- Release on assignment - what are the owner's obligations?
- Changes to transfer duty rates in Queensland and the end of sustainability declarations
- Owner's disclosure obligations when extending the term of a lease
- Forced Relocations - What must be included in a Relocation Notice?
- Deeds of company arrangement - hidden dangers for owners
- Update - Changes to recovery of land tax from tenants
- Re-Writing Rent Ratchet Clauses for Retail Leases
- When one disclosure statement is probably not enough
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