Recent Queensland professional liability cases illustrate the influence of rule 5 of the Uniform Civil Procedure Rules 1999 (Qld) (UCPR) on the court's decisions to dismiss claims were the plaintiffs have been dilatory in prosecuting them.
Insurance is designed to protect an insured from losses caused by their inadvertence or events outside their control. A critical challenge for insurers is assessing when the insured's conduct has gone beyond mere inadvertence and evolved into recklessness.
Prince Alfred College Incorporated v ADC  HCA 37
On 12 November 2016 (commencement date), the unfair contract terms protection regime (UCT regime) will be extended to protect small businesses from unfair terms in standard form small business contracts. The regime already applies to protect consumers in relation to unfair terms in consumer contracts.