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The legislative regime for construction and building legislation in New South Wales is currently undergoing a major overhaul with the proposed introduction of three new Bills designed to improve the regulatory framework and create end-to-end accountability for those who participate in the building and construction industry. In this article, we look at the proposed changes in conjunction with the key trends and issues in construction and building claims emerging across the Australian States and overseas.
With this year’s COP27 conference calling for robust transition plans from member states and the government’s Transition Plan Taskforce launching its ‘gold standard’ framework for climate transition plans by companies, the race to achieve a 100% reduction in greenhouse gas (GHG) emissions by 2050 (net zero) is more pressing than ever before.
A roundup of the latest court decisions and regulations touching on the following issues: the reflective loss principle, solicitor policy coverage, a director’s duty to uphold the interest of a creditor and implied retainers (or the absence thereof) between solicitors and clients.
Disputes arise even in the most successful medical practices, and often among partners or colleagues who have otherwise worked harmoniously. What can medical practices do to minimise the disruption caused by disputes?
Since 1 July 2021, defamation laws have introduced a requirement that a publication has caused (or is likely to cause) serious harm to a plaintiff’s reputation. In this article, we explore two recent judgments which are the first to apply the serious harm element and we discuss their implications.
In 2020, the NSW Government implemented significant reforms focused on creating clear lines of accountability for defective building work. The reforms include the introduction of a statutory duty of care owed by ‘persons’ who carry out ‘construction work’ to take reasonable care to avoid economic loss caused by defects (Statutory Duty).
We recently contributed an article to the Communications and Media Law Association’s Communications Law Bulletin on the use of juries in defamation proceedings in America and Australia. In light of an American jury’s recent 2022 verdict in favour of Johnny Depp, we consider the different positions – between America and Australia, and within Australia itself – in relation to the right to a trial by jury, as well as whether defamation proceedings are more suited to be tried by judge or jury.
Case review 12-10-2022
On Tuesday 4 October 2022, Mrs Rebekah Vardy, who lost the high-profile libel trial known as the ‘Wagatha Christie’ trial in June 2022, was ordered to pay 90% of Mrs Colleen Rooney’s legal fees after Mrs Vardy’s claim for defamation was dismissed.
The increase in the cost of living and the significant rise in inflation has the potential to have an adverse impact on debt recovery. However, taking proactive steps to tackle bad debt (as a creditor) and to resolve unpaid debt issues (as a debtor) can facilitate a swift resolution to solving problems without court intervention. In this article, we look at the impact of mounting debts from both a debtor and creditor perspective.
One important issue which normally arises in commercial contracts, with important repercussions on Policies Coverage, is clauses which limit or even exclude a party’s liability.