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Insurance

Indemnity, liability and quantum: the personal injury trifecta examined in the context of labour-hire arrangements

To what extent is a labour-hire employer negligent when its employee is injured on the premises of a ‘host’? Can a liability insurer rely on an employment-related exclusion clause in the policy to deny the occupier indemnity? What is requ...

Published by McCabes News
16 March, 2020
Commercial

Will my Business Insurance cover me for the impact of COVID-19?

It is inevitable that many Australian businesses will be either directly or indirectly impacted by COVID-19. This may be due to infected staff, travel and import restrictions, or a lack of customers due to people self-isolating, but it will have the ...

Published by Foez Dewan
16 March, 2020
Health & Government

Riding into danger: Motocross, track licencing and dangerous recreational activity defences. What is the proper test?

Following a serious accident during a motocross competition event in 2004, a claim was brought against the State of New South Wales (the Office of Sport) as the entity with the statutory obligation to administer the compulsory scheme for licensing al...

Published by Leighton Hawkes
11 March, 2020
COVID-19

Changes to award annualised wage arrangements

The Fair Work Commission has made changes to some of its modern awards' annualised wage arrangements. The changes come into effect on 1 March 2020. If you are covered by one of the affected awards and have employees under these arrangements, you will...

Published by McCabes News
12 February, 2020
Insurance

Working from home – the scope of ‘in the course of employment’

It is an enticing thought for a day’s work to consist of answering a few work emails between dips in the pool and the next banana daiquiri. But, if you slip on the banana peel whilst walking from your computer to the pool, do you have a valid w...

Published by McCabes News
10 February, 2020
Insurance

Insurer’s faultless claims conduct ends in successful defence of claim

McCabes acted on behalf of Allianz in successfully defending the proceedings brought by the Insured for alleged breach of contract and alleged damages of almost $1.6 million. Allianz had elected to undertake repair of damage caused by the insured eve...

Published by McCabes News
9 January, 2020
Government and Administrative Law

Tender of the amount of a statutory demand before a winding up order is made

It is well known that a company served with a statutory demand has 21 days to comply. If the recipient fails to pay the amount of the demand (or obtain a court order extending the period for compliance) within the period of 21 days after the demand i...

Published by Andrew Lacey
10 September, 2019
Government and Administrative Law

The High Court weighs in: A corporate trustee’s right of indemnity from trust assets is found to be ‘property of the company’

On 19 June 2019, the much-anticipated High Court appeal in the matter of Carter Holt Harvey Woodproducts Australia Pty Ltd v The Commonwealth [2019] HCA 20 (also known as the "Amerind appeal") was handed down.   The decision resolves ...

Published by Andrew Lacey
26 July, 2019
Government and Administrative Law

The intersection between directors’ fiduciary duties and the right to recover payment

Insolvency – every director’s biggest nightmare. Under the Corporations Act s 459C, when a creditor serves a statutory demand on a company for an outstanding debt, the company will be presumed insolvent if it fails to comply with, or set asi...

Published by Andrew Lacey
26 February, 2019
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