Contractual liability exclusions – why insurers and insureds need to be mindful

Most liability policies contain some form of contractual liability exclusion. This commonly in terms that the insurer will not be liable of any loss assumed by the insured under a contract or agreement, save to the extent such liability would have attached to the insured in the absence of such contract or agreement (under the … Read more

Some recent professional indemnity decisions

The first quarter of 2018 has seen some important decisions come out of the highest courts of our land relating to professional indemnity insurance. We highlight the following three cases for you, involving a certifier, a building inspector and an engineer respectively. We trust they are of interest to our readers working in the PI space. High … Read more

Insurers not faring well under new legislation enabling insurers to be joined

The Civil Liability (Third Party Claims Against Insurers) Act 2017 (NSW) (the Act) took effect on 1 June 2017. Since then, two court judgments have been handed down that were adverse to the insurers’ positions1. A third decision in February 2018 however demonstrates that applications will not be granted willy-nilly. As further applications for the joinder … Read more

Update re whistle – blower regime

In our “Regulatory spring clean” article of the December 2017 Edition (available here), we reported the draft whistleblower legislation, being the Treasury Laws Amendment (Whistleblowers) Bill 2017 released on 23 October 2017, was to go before an expert advisory panel to consider the recommendations from the Federal Parliamentary Joint Committee on Corporations and Financial Services … Read more

Use of clean fill on development sites not subject to levy

The WA State government passed legislation on 28 April 2018 that permits clean fill (and other fill material meeting certain thresholds) to be used on development and construction sites without payment of levy under the Waste Avoidance and Resource Recovery Levy Regulations 2008 (WA) (Levy Regulations). These changes will help resolve the legal uncertainty for developers and … Read more