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Insurers to indemnify for bulk notifications of a “problem”
In Uniting Church in Australia Property Trust (NSW) v Allianz Australia Insurance Limited, the Federal Court of Australia ruled that the insured Plaintiff was entitled to indemnity by relying on a bulk notification of a “problem”. This decision confirms several important principles related to the notification of circumstances in Australia.
Play nice with AFCA… or else
ASIC v General Commercial demonstrates that, in circumstances of significant contraventions, AFCA will refer licence holders to ASIC for investigation and a successful prosecution can result in the imposition of considerable penalties and restraints.
Construction and building claims in Australia and beyond - a year in review
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.
Kennedys ranks in latest Doyle's Guide for leading insurance firms and lawyers
November's publication of the 2022 Doyle's Guide directory covering all Australian states has seen Kennedys continue its ranking success.
If you want to sue in defamation, your reputation better be harmed... seriously
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.
Case review 07/11/2022
So long for now, but not necessarily auf wiedersehn, adieu… the Sharma appeal and what happens next for climate duty
Sharma by her litigation representative Sister Marie Brigid Arthur v Minister for the Environment  FCA 560, the 2021 Federal Court decision which elicited a resounding hallelujah and heralded a new era of climate duty, has been overturned on appeal to the Full Federal Court.
The use of juries in defamation proceedings in America and Australia
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 12/09/2022
The burning question: how can combustible cladding be BCA compliant?
In a rare cladding decision, the NSW Supreme Court in Strata Plan 92450 v JKN Para 1 Pty Ltd recently determined that the Plaintiff failed to demonstrate the use of combustible cladding on a building was a breach of the Building Code of Australia. Llinos Kent, Emily Schneider and Stephen Cremean review the decision and its implications for insurers and insureds.
Rewriting the risk: Addressing the challenge of climate change
Our latest global report finds that the insurance industry has a central role in building wider understanding about climate-related risks and in mitigating against those risks.
Construction Brief: limitation insights July 2022
Section 135 of the Building Safety Act 2022 came into force last month (June 2022), increasing UK limitation periods for claims brought in connection with unsafe buildings. In addition to this recent development here in the UK, we highlight two other articles on the application of limitation from our lawyers in Scotland and Australia.