Carter Newell

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Circular resolutions of the Board – the pros and cons

March 13 2015 A circular resolution is a documented resolution which is signed by a company’s directors, with wording to signify they are in favour of the…

Liquidated damages: a sole remedy for delay?

April 11 2014 In the first of the March 2014 editions of Constructive Notes, the writer observed that oftentimes exclusion of liability clauses and liability caps…

The loss lies when it falls – court considers extending time for appeal and the appropriate time to assess damages for breach of contract

May 20 2015 In the recent case of Baguley v Lifestyle Homes Mackay Pty Ltd [2015] QCA 75 the Queensland Court of Appeal refused to depart from the longstanding…

Fact sheet: signed, sealed and delivered – execution of deeds

April 10 2015 A number of documents are required to be executed as a deed, rather than as an agreement. Typically, where there is no visible consideration passing…

A leg up or no leg to stand on? At long last; judicial consideration of LEG 2

October 27 2015 Contract Works and Contractor's All Risk Policies comprise a critical component of risk allocation under modern construction contracts. Recovery…

Court of Appeal upholds 50% contributory negligence in an employment context

July 13 2016 The Queensland Court of Appeal has recently handed down its decision in relation to an appeal against a trial judge’s decision to reduce a…

Vicarious Liability - The transfer of liability to a host employer

July 3 2016 In the April 2016 Insurance Newsletter ‘When is a Contractor not a Contractor’, Carter Newell commented on the recent casualisation of workforces and…

The Laws on Cause

June 29 2016 Factual causation and the ‘exceptional case’ provision under the Civil Liability Act 2002 (NSW). Establishing causation can sometimes be a difficult…

Securing your securities?

June 23 2016 In November 2015, we updated readers on the decision of Laing O’Rourke Australia Construction Pty Ltd v Samsung C & T Corporation which provided…

Court of Appeal in UK favours ‘intrinsic relationship’ test for aggregation clause

June 21 2016 Our October 2015 newsletter ‘English court decision considers aggregate claims’ discussed the case of AIG Europe v OC320301 (formerly the…