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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).
South Australian Court of Appeal delivers much-needed clarity on the issue of apportionment in commercial arbitration proceedings
In an arbitration matter Kennedys is involved in, the South Australian Court of Appeal has delivered much-needed clarity on the issue of apportionment in commercial arbitration proceedings as they relate to South Australia. In this article we provide an overview of the decision and its implications for clients, particularly when drafting arbitration clauses.
Case review 06/07/2022
Federal Court of Australia paves the way to requiring AFS licensees to have adequate cybersecurity and cyber resilience measures
In the recent case of Australian Securities and Investments Commission v RI Advice Group Pty Ltd, the Federal Court of Australia considered for the first time the cybersecurity obligations of Australian Financial Services licensees and their authorised representatives.
Technology to the rescue? How insurtech is helping insurers improve the customer experience and comply with new regulatory requirements
The 2022 ClaimsTech Summit was held in Sydney on 3 March and Kennedys was pleased to host a panel discussion concerning “Managing Insurance Regulatory Reforms”. The panel's discussion highlighted the importance of insurtech for Australian insurers in the 21st century.
In this publication, Kennedys experts answer a series of questions relating to Australian Insurance and Reinsurance Laws and Regulations and identify common issues, including regulatory authorities and procedures, (re)insurance claims, litigation and arbitration.
The Dive In Festival has wrapped up for another year, and Kennedys’ presence and participation was stronger than ever and right across our global network.
Case review 13/07/2021
The NSW Court of Appeal's recent decision in P & S Kauter Investments Pty Ltd v Arch Underwriting at Lloyd's Ltd confirms that insurers are entitled to a sufficiently detailed notification of facts which informs them of potential liability and allows them to evaluate the potential claim or claims, or notified problem.
Case review 11/03/2021
Tesseract International Pty Ltd v Pascale Construction Pty Ltd  SASCA 8
Kennedys in Australia, acted for the Respondent in this matter which saw the Court of Appeal continue to move away from a rigid approach to issues of uncertainty in contractual interpretation. Instead, the Court of Appeal favoured a more progressive approach that centred on commercial efficacy and a desire to uphold reasonable commercial bargains.
The Legal 500 APAC 2021 results has seen Kennedys build on our 2020 achievements and confirmed the strength of the firm’s reputation across the region.
We are very pleased to once again be a global partner of Dive in, the international festival for diversity and inclusion in insurance.