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The ‘attack’ on ‘insecure work’ – protection for vulnerable workers or another agenda altogether?
A key element of the ALP industrial relations platform is to ‘reduce the incidence of insecure work’, being a focus predominantly on casual employment …
A methodology for the calculation of native title compensation
On 13 March 2019, the High Court handed down its first decision on native title compensation in ‘Timber Creek’ [2019] HCA 7 (Timber Creek). At a glance …
Statutory limitation period for a court action to be filed against insurers runs from the date of the loss, not the date of declinature
Key takeaways The New South Wales Court of Appeal has held that a policyholder’s cause of action against an insurer arises when the insured event …
Native Title Act Reforms
On 21 February 2019 the Commonwealth government introduced the Native Title Legislation Amendment Bill 2019 (Cth) (Bill) to amend (amongst other …
New Legislation: A tectonic shift in Queensland’s financial assurance and rehabilitation framework passes
The new legislation has significant implications for resource sector EA holders. Impacted entities should consider the potential impacts on their mining …
Australian decommissioning discussion paper released
The closure and decommissioning of offshore petroleum infrastructure is a significant issue for all countries that exercise jurisdiction over such …
Court of Appeal upholds policyholder’s right to recover costs of ‘voluntary’ remediation works
The NSW Court of Appeal has recently confirmed that a policyholder is entitled to recover under its liability policy the costs of ‘voluntarily’ …
Northern Territory Government lifts moratorium on fracking
On 17 April 2018, following the release of the independent Scientific Inquiry into Hydraulic Fracturing of Onshore Unconventional Reservoirs in the …
Insurer on notice of potential indemnity waives compliance with duty of disclosure
A recent decision of the New South Wales Court of Appeal1 reminds us that (1) contractually assumed exclusions of liability must be carefully considered …
Wording conflict resolved in favour of policyholder
The New South Wales Court of Appeal has resolved a conflict in the provisions of a policy in favour of the policyholder in a decision which emphasises …
New Australian Guideline on Offshore Decommissioning
On 17 January 2018, the Department of Industry, Innovation and Science (Department) released its guideline on the application of the Offshore Petroleum …
Wrongful acts do not have to be unintentional for cover to apply
The Full Federal Court has confirmed that loss resulting from a policyholder’s deliberate decision to leave a construction site was a “wrongful act” …
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