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Laina
Laina accepted an urgent brief from the NSW Bar Pro Bono Scheme to act for an elderly couple with dementia who were at risk of losing their ingoing contributions to a retirement village in Goyal v West. The operator was insolvent and receivers had been appointed to sell the property on which the retirement village...
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Australia and most of the world have a poor track record in delivering major infrastructure projects on time and on budget. 1 With infrastructure projects expected to be a key aspect of the economic recovery following the COVlD-19 pandemic, 2 the need to adopt a different project delivery model is more pressing than ever. Prior...
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Mann v Paterson Constructions Pty Ltd was the first time that the High Court considered the issue of whether a claim in restitution for reasonable remuneration (quantum meruit) is available when a building contract is discharged following a repudiation. In Australia, intermediate appellate courts for the last three decades had determined that an innocent party...
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In Icon Co (NSW) Pty Ltd v Liberty Mutual Insurance Company Australian Branch (t/as Liberty Specialty Markets), 1 Icon sought declarations from the first respondent (Liberty), its contract works and third party liability insurer, and the second respondent (QBE), its product liability insurer that it was entitled to indemnity under the two policies of insurance....
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I understand from Kerrie that the flyer for tonight has 2 topics of discussion. I have chosen to talk about confidentiality in special projects. By that I mean the construction of prisons, military bases, military installations, nuclear power stations and even terrorist training camps and any other projects where security, whether national or otherwise, is...
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In Bank of Queensland Ltd v AIG Australia Ltd, 1 the New South Wales Court of Appeal had to determine how many claims had been made against Bank of Queensland Ltd (BOQ) under a civil liability claims made policy with a limit of liability of $40 million for all claims and a retention of $2...
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Construction projects are inherently risky in terms of cost, time and quality. Part of the risk is managed by insurance. This article identifies the types of insurance that are typically available on construction projects and focuses upon Contractors All Risks Insurance and Professional Indemnity Insurance only. Both are forms of liability policies. Some of the...
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In Epsilon Insurance Broking Services Pty Ltd v Liberty Managing Agency Ltd, 1 Allsop CJ determined the preliminary issue of whether the Federal Court had jurisdiction to hear Epsilon’s claim for equitable contribution from the respondent insurers. The basis of the claim was double insurance. The case involves the construction of two policies of insurance...
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In 2003 the NSW RTA awarded Lane Cove Tunnel Company (LCTC) the contract to plan, design, construct, operate and to maintain the Motorway for a period of 33 years with URS Australia in the role of Independent Verifier (IV). LCTC contracted with the Thiess John Holland Joint Venture (TJH) to plan, design, construct and commission...
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In Globe Church Inc v Allianz Australia Insurance Ltd, the New South Wales Court of Appeal construed an Industrial Special Risks Insurance Policy (Policy) to determine when the cause of action for breach of contract had accrued. Globe Church, the insured, had suffered property damage due to rainwater and flooding from 8 June 2007. The...
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