Australia becomes one of the first nations to take on modern slavery

By Luke Geary, Partner, Naomi Brodie, Associate and Erin Smith, Paralegal Since the “Hidden in Plain Sight” inquiry launched by the Australia Government in 2017, a spotlight has been shone on modern slavery practices occurring here in Australia and in supply chains controlled by Australian companies around the world. In reaction to this exposé and the
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The Interpretation of Financial Agreements

By Seasonal Law Clerk, Rebecca Brun A recent case in the Family Court has again highlighted the need for expert care to be taken when drafting Financial Agreements. In a recent decision of Warrick & Mia [2018] FamCA 426, the Court was asked to determine whether a Financial Agreement entered into during the parties’ marriage
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New ‘low rise medium density housing’ planning regime a double-edged sword

By Aaron Gadiel, Partner Today (6 July 2018) marks the first day of the new ‘low rise medium density housing’ planning regime in NSW. The aim of the new regime is to allow one to two storey dual occupancies, ‘manor houses’ and terraces to be developed as complying development.  This (in theory) is intended to
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Australian Business with the EU – does the General Data Protection Regulation apply to you?

By Louise Cantrill, Partner The European Union General Data Protection Regulation (GDPR) came into force on 25 May 2018, and it has a long reach. Many Australian businesses may think they are not caught, or that their compliance with Australian Privacy Principles will be enough. But if you are wrong, the consequences could be significant 
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Insurance in MOtion – Class Actions in the Spotlight

The Australian Law Reform Commission (ALRC) has released a discussion paper into class actions and whether litigation funders are allowing access to justice or merely gouging participants for profit. Submissions are due by 30 July 2018. At the same time, the Federal Court is taking action to manage multiple class actions, permanently staying two of the
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Insurance in MOtion – Substance over form

In a reminder that substance matters over form, a company that was not itself the employer, was held 60% liable for the injuries suffered by an injured worker due the control it exercised over the working environment. On 2 May 2011 the plaintiff was severely injured while unloading timber beams from a shipping container at
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Insurance in MOtion – We didn’t start the fire

The Supreme Court of New South Wales in Weber v Greater Hume Shire Council rejected a class action brought as a result of property damage attributable to a fire emanating from a Council controlled landfill. Walton J found the risk of fire from a little used tip was foreseeable and also that Council’s management of the tip
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Insurance in MOtion – “Cap and collar” arrangements affect coverage

A Recent case of the NSW Court of Appeal provides a cautionary reminder on the use of cap and collar agreements and how they can impact on cover under Broadform liability policies and the interpretation of professional services exclusions. In Weir Services Australia Pty Ltd v AXA Corporate Solutions Assurance [2018] NSWCA 100 (Weir), the NSW Court
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Insurance in MOtion – Catastrophic Losses Highest on Record

SwissRe has released its study “sigma 1/2018: Natural catastrophes and man-made disasters in 2017: a year of record-breaking losses”. The study revealed that global insured losses in 2017 for disaster events totaled USD144 billion, with the total economic losses from disaster events at USD337 billion. Global insured losses were said to be the highest on sigma
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Insurance in MOtion – United Nations warns of annual $US160 billion disaster risk in Asia-Pacific

The UN Economic and Social Commission for Asia and the Pacific (ESCAP) has released a dire warning to businesses and Governments worldwide that economic losses due to disasters in Asia and the Pacific could exceed $US160 billion annually by the year 2030. The warning comes on a background of alarmingly low coverage in the region,
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Insurance in MOtion – NSW Government moves to increase period of cover for dangerous wall cladding

On 20 April 2018 the NSW Government introduced amendments to the Home Building Regulation 2014 to increase the period of cover under both statutory warranties and builders warranty insurance policies for dangerous aluminium wall cladding. The period of cover now runs to 6 years from completion of the building and extends to both existing buildings
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Insurance in MOtion – The irrationality of rational opinions

The application of peer professional opinion in professional negligence claims in NSW received judicial attention in the Court of Appeal’s decision in South Western Sydney Local Health District v Gould. The Court of Appeal overturned the District Court decision on the basis that the primary judge’s reasoning process was procedurally unfair and that he misapplied the
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What happens when trustees fail to protect their interests?

By Mark Flint, Partner A recent Federal Court decision emphasised the importance of trustees in bankruptcy expressly asserting in a timely manner their rights to property which are considered by the trustees to be voidable transactions. In Lo Pilato (Trustee) v Kami Saeedi Lawyers Pty Ltd in the matter of ADZIC (Bankrupt) [2017] FCA 34
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