Subrogation allowed even in the face of a fraud

  • Published 20.05.2020

Australia and New Zealand Banking Group Ltd v Whitehall [2020] NSWSC 489

Workers Compensation Amendments: COVID-19 Presumed to be Work-Related

  • Published 15.05.2020

Summary

The COVID-19 Legislation Amendment (Emergency Measures – Miscellaneous) Act 2020 No 5 (‘the Act’) came into force on Thursday, 14 May 2020.

Insofar as workers compensation is concerned, the Act introduces a presumption for certain categories of workers that, in the event they contract COVID-19, their disease will be compensable unless the contrary is established.

Who Do the Amendments Apply To?

Companies can now conduct meetings and sign documents electronically

  • Published 14.05.2020

Summary

During a time where physical distancing is mandatory, the Australian Government has implemented temporary measures which provide certainty to companies and boards about how they can meet their legal obligations over the next six months.

On 5 May 2020, The Hon Josh Frydenberg MP announced the temporary six-month changes to certain provisions of the Corporations Act 2001 Cth (the ‘Act’) with the Corporations (Coronavirus Economic Response) Determination (No 1) 2020 instrument.

The changes allow for the following:

Double Insurance: Subcontractor’s defence costs included in contribution after its liability settlement

  • Published 14.05.2020

QBE Insurance Australia Limited v Allianz Australia Insurance Limited [2020] FCA 589

Summary

Insurer 1 and Insurer 2 submitted for preliminary determination by the Federal Court of Australia two questions relevant to whether Insurer 1 had rights of contribution in respect of a settlement it had entered into (and its related defence costs) for the liability of a subcontractor it had covered under a broadform liability policy.

Uncertainty of Creditor’s Address enough to invalidate Bankruptcy Notice

  • Published 11.05.2020

Metledge v Hopkins [2020] FCA 561

Employers Liability Newsletter May 2020

  • Published 07.05.2020

COVID-19 update

Section 22/22A – Does quantifying the level of incapacity that stems from an earlier injury require direct evidence from the injured worker themselves?

  • Published 07.05.2020

State of NSW (Fire & Rescue NSW) v Roberts Concrete Specialists Pty Ltd (formerly Jack Harrison Home Builders Pty Ltd) [2020] NSWWCCPD 20 (20 April 2020)

 

Summary

Back to basics: revisiting contributory negligence and breach of duty of care

  • Published 07.05.2020

Hallmark Construction Pty Ltd v Brett Harford; Copeland Building Services Pty Ltd v Hallmark Construction Pty Ltd; Hallmark Construction Pty Ltd v Harford Transport Pty Ltd [2020] NSWCA 41 (17 March 2020)
 

Summary

Adding incidents to injury

  • Published 07.05.2020

Elkhaligi v Lifestyle Solutions & Life Without Barriers [2020] NSWWCC 109 (7 April 2020)

 

Summary