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Carter Newell | Australia | 13 Jul 2016

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

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…
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Carter Newell | Australia | 3 Jul 2016

Vicarious Liability - The transfer of liability to a host employer

In the April 2016 Insurance Newsletter ‘When is a Contractor not a Contractor’, Carter Newell commented on the recent casualisation of workforces and…
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Carter Newell | Australia | 29 Jun 2016

The Laws on Cause

Factual causation and the ‘exceptional case’ provision under the Civil Liability Act 2002 (NSW). Establishing causation can sometimes be a difficult…
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Carter Newell | Australia | 23 Jun 2016

Securing your securities?

In November 2015, we updated readers on the decision of Laing O’Rourke Australia Construction Pty Ltd v Samsung C & T Corporation which provided…
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Carter Newell | United Kingdom | 21 Jun 2016

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

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

Investigation of the slip and fall - court examines disclosure obligations under PIPA

It has been a number of years since the Queensland courts have had the opportunity to examine disclosure obligations under the Personal Injuries and…
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Carter Newell | Australia | 20 Jun 2016

Two years on - Reversing the effect of the decision in Byrne v People Resourcing

The Workers’ Compensation and Rehabilitation (National Injury Insurance Scheme) Amendment Bill 2016 (Bill) was introduced into parliament on 14 June…
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Carter Newell | Australia | 31 May 2016

Nurofen left with a serious headache and Colgate gets put through the washer: ACCC cleans up in the Federal Court

The Australian Competition and Consumer Commission (ACCC) has had significant wins in the Federal Court in the latter days of April 2016 against the…
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Carter Newell | Australia | 31 May 2016

ASIC upsets mining industry body

The Australian Security and Investments Commission (ASIC) recently released Information Sheet 214: Mining and resources: forward looking statements…
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Carter Newell | Australia | 23 May 2016

Scrutinising a fair and reasonable settlement

In Kelly v Willmott Forests Ltd (in liq) (No 4) [2016] FCA 323 the Federal Court was asked to approve a settlement in class action proceedings. The…
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