Building Products (Safety) Act 2017 Overview

Paul Jurdeczka, Partner, recently presented a paper with an overview of the Building Products (Safety) Act 2017 (NSW) to the Australian Construction Law Discussion Group, which His Honour Justice McDougall of the NSW Supreme Court also attended and addressed. A copy of the paper can be found here. This article is of a general, informational
Read more…

I have settled the claim – Can I enforce an indemnity to recover the settlement?

By Maurice Lynch, Senior Associate Many persons and entities consider that a contractual indemnity gives them carte blanche to settle claims made against them by third parties with no monetary exposure. Whether or not this is actually the case will depend upon whether that settlement was reasonable, and whether the indemnity clause when properly constructed
Read more…

NSW introduces sweeping changes to Home Building Compensation scheme

On 1 January 2018 a series of significant reforms were introduced to the Home Building Compensation (also known as Builders Warranty Insurance) scheme in NSW. The reforms have opened the door to new insurers and other providers to enter the scheme as well as enabling significantly increased levels of cover for homeowners. The Home Building
Read more…

Don’t say it! Waiver of privilege by partial disclosure

In Ford Motor Company of Australia Limited v Tallevine Pty Ltd (as trustee for the Thornleigh Trading Trust) [2018] NSWSC 136 the NSW Court of Appeal has reminded us again to resist the urge to refer to legal advice unless we are prepared to let the other party read the whole document. The Court of
Read more…

Court confirms proper construction of ss4(1) and 5 of the Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW

In Mrdajl v Southern Cross Constructions (NSW) Pty Ltd (In Liq) [2018] NSWSC 161 the Supreme Court of NSW has refused an application by the plaintiff to join an insurer to the proceedings. Justice Walton did not consider that the plaintiff had sufficient evidence to establish the existence of a policy of insurance. The case
Read more…

Court denies exclusion applies for personal injury

In Pacific International Insurance Co Ltd v Walsh [2018] NSWCA 9, the NSW Court of Appeal has prevented the insurer from relying on a personal injury/property damage exclusion to deny indemnity to its insured. No doubt the insurer in this matter thought the exclusion in its professional indemnity policy was clear – no cover for
Read more…

Mandatory Reporting of Data Breaches

A reminder that on 22 February 2018, the Commonwealth Government passed into law the Privacy Amendment (Notifiable Data Breaches) Act 2017 which creates a notifiable data breaches (NDB) scheme nationally. Agencies and organisations are obliged to notify individuals whose personal information is involved in a data breach that is likely to result in “serious harm”.
Read more…

Modernisation of WA Workers’ Compensation Scheme

On 15 February 2018 the Honorable Bill Johnston MLA, Minister for Commerce and Industrial Relations released a media statement announcing the State Government’s intention to commence drafting a Bill to modernise the Workers’ Compensation & Injury Management Act 1981 (WA). The Bill will be based on recommendations flowing from the extensive review of the Scheme
Read more…

Lloyd’s innovation gathers pace

Having invested time and money in the London Market Target Operating Model (TOM) program, Lloyd’s is forging ahead with its electronic placing platform, PPL. Having invested time and money in the London Market Target Operating Model (TOM) program, Lloyd’s is forging ahead with its electronic placing platform, PPL. The platform has proven its worth most
Read more…

New era of Competition Laws in Australia – what’s in it for me?

By Frazer Hunt, Partner The Competition and Consumer Amendment (Competition Policy Review) Bill passed Parliament last week, following the Competition and Consumer Amendment (Misuse of Market Power) Bill 2017 (Cth) which was passed in August 2017, as a result of various recommendations from the 2015 Harper Competition Policy Review. The ACCC hopes that these legislation
Read more…

The First Unfair Contract Terms case has been delivered – ACCC trashes JJ Richards’ standard form contract terms

By Frazer Hunt, Partner On 13 October 2017, the Federal Court of Australia delivered the first judgement* under the unfair contract terms provisions of the Australian Consumer Law, declaring various clauses in JJ Richards & Sons’ standard form contracts for waste management services to be unfair and void.   This was the first court case brought
Read more…

The elephant in the room – a cautionary tale for freight forwarders

By Henry Holland, Lawyer and Frazer Hunt, Partner The District Court of New South Wales has ruled that a freight forwarder engaged in misleading or deceptive conduct by issuing house bills of lading with all the hallmarks of negotiable bills of lading where the ocean carriers had issued negotiable bills of lading for the same
Read more…

Fiaese Tuimaseve v Wesfarmers Ltd – Melbourne Magistrates Court – 7 September 2016

By Stuart Eustice, Partner Hot on the heels of Jarvis v Salvation Army [2016] VSCA 175, Magistrate Ginnane has been asked to apply the Court of Appeals reasoning from Jarvis in determining the application of s.114(2A) Accident Compensation Act 1985. This decision illustrates further the Courts likely pathway in future decisions. Background Tuimaseve was a
Read more…

Hanjin Shipping – What Should I do with my Container?

Last week’s application by Hanjin Shipping for receivership and bankruptcy protection will create a number of headaches for cargo interests who have consignments either booked for shipment or already shipped on Hanjin Shipping’s vessels. To read the complete article, click here. Contact Mills Oakley   Frazer Hunt | Partner T: +61 2 8035 7972 E:  fhunt@millsoakley.com.au
Read more…

Right of Stoppage – It Sounds Simple, Right? Not for Freight Forwarders

By Maurice Lynch, Senior Associate A right of stoppage is the right of an unpaid seller to stop goods in transit that they have sold to a purchaser, and retain them until payment of the purchase price. For an unpaid seller to exercise a right of stoppage it must, prior to possession of the goods
Read more…

A Seller’s Stitch Up! Is there Marine Insurance Cover for the Purchaser?

By Maurice Lynch In contracts for the sale of goods, there is often a seller and a purchaser who are both based in different countries, have not previously met each other, and have not had an extensive prior course of dealings. Transactions taking place in these circumstances are ripe for the seller to defraud the
Read more…

5 Practical Issues for the Home Building Changes Commencing 1 December 2014

There has been much concern amongst strata lawyers, strata managers and the media about impending changes to the Home Building Act 1989 (NSW) (“the Act”), and whether those changes will strip rights away from lot owners and owners corporations. This circular is intended to clarify what you should or should not worry about, so that
Read more…

Victorian Court of Appeal determines that building matters must be commenced within 10 years in Brirek Industries Pty Ltd v McKenzie Group Consulting (Vic) Pty Ltd [2014] VSCA 165

The Victorian Court of Appeal has recently clarified the interpretation of section 134 of the Building Act 1993 (Vic) in Brirek Industries Pty Ltd v McKenzie Group Consulting (Vic) Pty Ltd [2014] VSCA 165 and has determined that section 134 creates a separate limitation regime of 10 years for all building actions, including those arising
Read more…

Council Represents Lot Owners in Urgent Dispute

The recent case of Burwood Council v Ralan Burwood Pty Ltd [2014] NSWCA 179 provided an interesting set of circumstances where a Council acted to notify (and represent) all lot owners on an urgent basis. The Council sought a declaration that the Construction Certificate issued by a certifier was invalid because the design and construction
Read more…

Privacy Policy | Terms of Use