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It is with pleasure that we share with you our views on recent news, events, legal cases and legislative changes, and their potential impacts to your business.

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The Changing OH&S Landscape – Your Obligations from January 2012 ▪▫‍‍‍‎‎ 18-Jan-2012 09:12AM

You may be aware by now that substantial changes are being made to the current Occupational Health and Safety laws. The changes are an attempt to create ‘harmonisation’ across individual States and Territories that have historically had their own OH&S legislation. A uniform approach to the new laws has been agreed to by all States, [...]

Landlord’s Liability for third party injuries on tenant’s commerical premises ▪▫‍‍‍‎‎ 28-Dec-2011 11:52AM

Loose Fit Pty Limited v Marshbaum [2011] NSWCA 372 30 November 2011 BACKGROUND The New South Wales Court of Appeal has of recent times reviewed circumstances where an owner of a small suburban shopping area may still be liable for accidents even when a managing agent has been appointed (Laresu Pty Ltd v Clark). Loose [...]

Limits on access to defence costs cover ▪▫‍‍‍‎‎ 28-Nov-2011 07:52PM

Steigrad v BFSL (Bridgecorp financial collapse) (Bridgecorp) NZHC 1037 (15 September 2011) Lang J This decision has relevance to liability policies justiciable according to the law of New South Wales where the limit of indemnity includes defence costs. The case involves New Zealand provisions identical to section 6 Law Reform (Miscellaneous Provisions) Act 1946 which [...]

Onus of Proof Can be Troublesome ▪▫‍‍‍‎‎ 28-Nov-2011 07:47PM

Tremdada v Energize Fitness Hulme J Supreme Court of NSW 7 October 2011 The plaintiff was injured using gym equipment. The gym operators were sued. They are insured. They had acquired the machine fourth hand. It was 10 years old at the time of the accident. The gym equipment involved in the accident was connected [...]

Silence is not misleading conduct, unless! ▪▫‍‍‍‎‎ 26-Nov-2011 10:20AM

Miller & Associates v BMW Australian Finance 2010 HCA 29 September 2010   This case involved an insurance broker seeking premium funding for its client. Funding was granted but the insured failed to repay the amount loaned. The shortfall was substantial. The funder sued the broker for misleading and deceptive conduct. The funder alleged that [...]