The recent decision of Re Intellicomms Pty Ltd (In Liq) [2022] VSC 228 and the reasons for the decision accompanying the orders in Re Intellicoms Pty Ltd (in liq) (No 2) [2022] VSC 310 has caused some excitement amongst restructuring professionals as it constitutes the first judicial statements around the anti-phoenixing legislation introduced in 2020.
Key Takeaways
Key Takeaways
Neon Underwriting Limited (Neon), a UK based Lloyd’s managing agent, failed to persuade the NSWSC it was entitled under s28 of the Insurance Contracts Act 1984 (Cth) to avoid cover for a public liability claim made by the Civic Hotel on the basis that it would have automatically declined cover had the hotel disclosed it had a nightclub in its basement.
Published | Tessa Hills
Turks is proud to be named as a finalist in the 2022 Lawyers Weekly Australian Law Awards in the categories of ‘Insurance Team of the Year’ and ‘Employer of Choice’.
The Lawyers Weekly Australian Law Awards nationally recognises legal professionals and firms for their dedication to the legal sector.
We look forward to the awards night on 12 August. Go team!
Further information and a full list of finalists can be found here.
Published | Tessa Hills
Turks is delighted to announce the promotion of Jacqueline Kelly and Leo Murray to Partner in our General Insurance team effective 1 July 2022.
Both appointments are well deserved recognition of each individual’s commitment to client service and delivering commercial outcomes, as well as their leadership within the General Insurance team. Jacqueline and Leo are both based in our Sydney office.
Published | Tessa Hills
We are delighted to welcome Sharon Molenaar as a Special Counsel in our Employers Liability practice.
Turks Guide Update
Worker/Deemed Worker: An Update to the Turks Guide
Recent Decisions
Breaking Bad: Crime doesn’t pay
Raad v Cossey (NSWDC 2022)
Raad v Cossey (NSWDC 2022)
Key Takeaways
Although this case relates to a motor accident, the principles enunciated are of general application in civil litigation, particularly personal injuries claims. It provides a reason to closely review the conduct of a plaintiff where there may have been criminal activity which was relevant to the cause of the injury.
In the Guide at page 5 we consider the definition of a worker for the purposes of Workers Compensation, and contrast that with the characteristics of an independent contractor. In the Guide we have used the conventional test for determining who would be a worker; also called ‘the control test’. That is, if the relationship between the parties gives an employer the power to exercise control over the work done by an employee, then the relationship is that of employer/employee.