Australia

Companies should implement amendments to contracts and update compliance materials, to comply with the new regime.

Government changes to the Compulsory Third Party insurance scheme is likely to end up with motorists paying even more.

The levy could be costly for owners of large commercial and industrial buildings, and for tenants liable for outgoings.

The failure of a party to call a witness does not necessarily give rise to an adverse inference being drawn in accordance with Jones v Dunkel (1959) 101 CLR 298. An unfavourable inference is drawn only if evidence otherwise provides a basis on which that unfavourable inference can be drawn.

The NSW Court of Appeal decision in Makawe Pty Limited v Randwick City Council [2009] NSWCA 412 confirms that in cases of a novel relationship, the duty of care is to be determined according to a ‘salient features’ test. The decision also deals with the question of what constitutes pure economic loss and raises the possibility of a new interpretation of section 44 of the Civil Liability Act 2002 (NSW).

Whereas most insurance policies exclude liability arising under contract, insurers can positively benefit where an insured has limited or excluded its liability under contract. This usually arises where the insured's contract has a limitation or exclusion of liability clause in the insured's favour.

Adeels Palace Pty Limited (Adeels Palace) operated a restaurant and reception business at Punchbowl in New South Wales. The restaurant was open on New Year’s Eve 2002 and was full.

This case was the first decision on the proportionate liability regimes enacted throughout Australia in the early 2000s.

The recent decision of the New South Wales Court of Appeal in Stapley v Towing Masters Pty Ltd (trading as Dynamic Towing) [2009] NSWCA 382, the Court considered what it means to be a ‘common carrier’.

A number of recent professional negligence cases decided in Queensland demonstrate the willingness of judges to make robust findings on the issue of causation of loss and make findings in favour of defendants even where there has been an obvious breach of the duty of care.

Changes to the NSW CTP scheme would slash the benefits for loss of income, which would stop entirely after 3-5 years.

Update on Samaan bht Samaan v Kentucky Fried Chicken Pty Ltd [2012] NSWSC 381.

New provisions providing relief in relation to unfair contract terms in consumer contracts into the ASIC Act.

2012 saw the introduction of legislation requiring certain professionals to hold professional indemnity insurance.

The Australian Stock Exchange Listing Rules 3.1, 3.1A and 3.1B, and Guidance Note 8 concerning continuous disclosure obligations came into effect on 1 May 2013.

Employers licensed under the SRC Act should note that the State scheme may still operate and manage claims accordingly.

there are various statutory mechanisms to pursue the insurers of companies being wound up or deregistered, including s 6 of the NSW Law Reform Miscellaneous Provisions Act (1946) and section 601AG of the Corporations Act 2001.

Licensees’ duty of care to patrons - High Court of Australia reigns in the scope of ‘Duty of Care’ in Adeels Palace Pty Ltd v Moubarak; Adeels Palace Pty Ltd v Bou Najem [2009] HCA 48

The Northern Territory Court of Appeal recently reviewed the Wayne Tank principle in a case where the loss resulted from more than one cause.

The Supreme Court has ordered that the decision of a CARS assessor be quashed and re-assessed.