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This update includes a round-up of recent court decisions raising issues relating to design responsibility, damages for wrongful termination, oral variations to contracts and the employment status of independent contractors.
Case review 19/07/2018
Construction contracts have long been drafted in terms which prevent the parties from making informal variations to the contract. However, the reality is that many variations are issued informally, usually orally. That, fundamentally, breaches the terms of the contract.
We are all familiar with the more common named risks that construction all risk policies may cover on construction sites which may constitute a “sudden and unforeseeable” event which attracts cover. However, have you heard of the phenomenon of “palizadas”?
Case review 16/07/2018
Following a lengthy 21-day hearing, the NSW Supreme Court has dismissed proceedings brought against former directors, officers and employees of Forge Group Limited by its surety providers.
We are excited to confirm that we are the official gold level global partner for this year’s Inclusion@Lloyd’s Dive In Festival.
We are advising employers to be sure of the law around working in higher temperatures, as employees across the country sweat it out during the UK heatwave.
The 4th Edition of the Miami Latin American Claims (Re) Insurance Forum, hosted by QLDG and Kennedys CMK from June 11 to 14, 2018, brought together over 185 key international and Latin American insurance industry experts to discuss top claims issues, trends, and developments in Latin America & the Caribbean.
Case review 14/06/2018
The Victorian Supreme Court decision challenges clauses that propose to impose limits on claims under the Australian Consumer Law and is particularly relevant for insurers in assessing their exposure in recovery actions or in defending claims under the consumer law.
We have put our approach to innovation and our role as a knowledge resource to the fore with the launch of a new, responsive website.
Case review 25/05/2018
In its recent judgment the NSW Court of Appeal (NSWCA) upheld Hammerschlag J’s decision in Weir Services Australia Pty Ltd v AXA Corporate Solutions Assurance  NSWCA 100 and, by doing so, provided guidance in respect of a number of important interpretation issues regarding liability insurance policies.