News

Greens push for $50 million cladding fix

The Greens want Canberra to finance a $50 million kitty to help affected apartment owners pay for the urgent removal of flammable cladding materials. The Emergency Cladding Safety Fund is part of a five-point plan the Greens are pushing to address the cladding crisis ahead of the federal election next week. “Governments are passing the...
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D&O rates rising as class actions keep coming

The directors’ and officers’ market is continuing to deteriorate for Australian-listed companies as premiums keep rising and insurers moving to improve profitability become more selective. Companies in the ASX200 experienced a median 122% increase in primary premiums in the second half of last year following an 89% gain in the first six months, an Aon...
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VCAT’s Lacrosse decision sparks controversy for building professionals

A few hours ago, in a courtroom with standing room only, his Honour Judge Woodward handed down what could end up being the most anticipated decision for 2019 – the decision flowing from the rectification of the cladding on Melbourne’s Lacrosse residential tower (Lacrosse), following the 24 November 2014 fire that is alleged to have caused current and anticipated losses exceeding $12 million. The commencement of the fire was quite simple –...
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Ignorance is not always bliss – Building Professionals Negligence

18 October 2018 |  An underground 11,000 volt cable owned by SA Power Networks (SA Power) (the respondent on appeal and the plaintiff at trial) was severed by sub-contractors, D&V Services Pty Ltd (D&V) (the appellant on appeal and the defendant at trial), which led a nearby earth leakage detector to trip, causing significant damage...
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ICA offers alternative to unfair contract terms model

The Insurance Council of Australia (ICA) has offered a counter-proposal to Canberra’s plans to extend unfair contract terms legislation to the sector. It suggests that a standalone set of unfair contract terms protections be introduced in the Insurance Contracts (IC) Act, which largely mirror those in the Australian Securities and Investments Commission (ASIC) Act. “If...
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A Growing Issue – Flexible Braided Hose Water Damage

A strata manager or owners’ worst nightmare: a phone call from the tenant who says a flexible braided water hose under the sink has burst and there is water going everywhere. It can mean some 1,500 litres of water per hour flowing through the property. This is a growing issue as many property owners are...
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Insurance Coverage: an insured in all but name

The Supreme Court of Western Australia determined that, despite its interpretation rendering certain policy terms redundant, if a person or entity falls within the general definition of ‘insured’ in a policy schedule, but is unspecified by use of a proper noun, it is entitled to coverage as an insured. In Issue Whether the definition of...
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WA set to take ‘box seat’ in booming global lithium industry with new refinery

  Photo: WA is already home to the world’s biggest lithium mine in Greenbushes. (ABC South West: Ruslan Kulski) One of the world’s biggest lithium refineries is set to be established south of Perth, which the state government says puts WA at the centre of the booming global industry. The 50-50 joint venture between Australia’s...
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When is a person on a work trial a ‘worker’ under workers’ compensation legislation?

The plaintiff was injured while on a work trial at a bakery. The defendants argued that she was a worker under the WA workers’ compensation legislation. In Issue Whether a person on a work trial is a ‘worker’ within the Workers’ Compensation and Injury Management Act 1981 (WA). The Background The defendants were a husband and wife who operated a bakery...
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