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Insurance

Girls night out no “in the course of employment” – Dring v Telstra Corporation Limited [2020] FCA 699

The Appellant, Ms Dring was employed by Telstra. During the week of 13 April 2016, she was in Melbourne attending a series of workshops as part of her employment. On one evening during the week, Ms Dring met a colleague and spent the night socialisin...

Published by McCabes News
4 June, 2020
Corporate Advisory

NSW Government buys time on development – Lapsing periods, existing use abandonment and appeal rights extended in response to COVID-19

On 13 May 2020, the NSW Government passed the COVID-19 Legislation Amendment (Emergency Measures—Miscellaneous) Bill 2020 (the Bill).  The Bill introduces several new amendments to the Environmental Planning and Assessment Act 19...

Published by McCabes News
25 May, 2020
Insurance

Don’t let the litigation clock stop: The Limitation Act and Best v Rosamond [2020] NSWCA 90

When does a plaintiff “ought to know” the fact that the injury suffered was sufficiently serious to justify the bringing of an action pursuant to s 50D(1)(c) of the Limitation Act 1969 (NSW). Find out what the Court of Appeal decides in B...

Published by McCabes News
19 May, 2020
Construction

Tropical Cyclone Debbie raises the roof – or does she? A recap on building defects, non-disclosure, waiver and estoppel

Courts will always look to the equitable nature of dealings when determining the operation of an insurance contract. This case note demonstrates how an insurer was later prevented from changing its position on indemnity when it was aware of, and spec...

Published by McCabes News
17 May, 2020
Insurance

A not so luxury cruise: when do distress and disappointment constitute personal injury?

On 24 April 2020 the High Court handed down a decision addressing whether a claim for “disappointment and distress” arising from a breach of statutory guarantees in supplying services is a claim for personal injury damages. The decision a...

Published by Richard Johnson
30 April, 2020
Corporate Advisory

COVID-19: New regulations allow legal documents to be signed and witnessed electronically

The Electronic Transactions Amendment (COVID-19 Witnessing of Documents) Regulation 2020 (NSW) (The Regulations) came into effect on 22 April 2020. It provides clarity on how certain documents can be witnessed via audio visu...

Published by Terry McCabe
22 April, 2020
Compulsory Third Party Insurance

No tax payable in Third Entitlement Period

Part 3 of the Motor Accident Injuries Act 2017 (MAIA) includes a system of Weekly Benefits to compensate those injured in motor accidents for their economic loss. In both the First Entitlement Period (the first 13 weeks) and the Second Entitlement Pe...

Published by Peter Hunt
19 April, 2020
Corporate Advisory

The show must go on – NSW announces Planning System Acceleration Program in response to COVID-19

With the ambition to "keep our economy moving", the Minister for Planning and Public Spaces, the Honourable Minister Rob Stokes, has today announced a program to fast-track the planning system and keep construction booming in NSW.   While the ...

Published by McCabes News
3 April, 2020
Corporate Advisory

Planning for the Pandemic – Ten changes to the NSW’s Planning and Local Government Laws in response to COVID-19

On 25 March 2020, the NSW Parliament passed the COVID-19 Legislation Amendment (Emergency Measures) Bill 2020 which makes amendments to a suite of NSW legislation in accordance with tightening restrictions on non-essential gatherings and to ...

Published by McCabes News
1 April, 2020
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