Victorian Cases Clarify limitations on Joinder of Insurers, Strike-out Applications and Awards of indemnity costs

Three recent Victorian decisions serve as an important reminder of possible impacts on insurers: Akron Roads Pty Ltd (in liq) v Crewe Sharp & Ors1 – the Supreme Court determined that a person who is not a party to an i...

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Leave Accruals Continue Whilst on Workers Compensation

A recent decision by the Federal Circuit Court of Australia has now clarified that, in New South Wales at least, employees continue to accrue annual leave when they are absent from work and receiving workers compensation payments....

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Assessing the Period of Construction-Related Risk

Claims against building professionals relating to building and construction work are among the most costly proceedings to litigate. For insurers evaluating risk, knowing how long a building professional or company may remain "expo...

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Trucks and Tribulations: Maxwell v Highway Hauliers Pty Ltd [2014] HCA 33

On 10 September 2014 the High Court, consisting of Hayne Crennan, Kiefel, Bell and Gageler JJ unanimously dismissed an appeal from a decision of the Court of Appeal of the Supreme Court of Western Australia and held that section 5...

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Building Actions Limitation Period Issues Settled at 10 Years by Victorian Court of Appeal

Brirek Industries Pty Ltd v McKenzie Group Consulting (VIC) Pty Ltd [2014] VSCA 165: Building actions limitation period issues settled at 10 years by Victorian Court of Appeal. In a decision which has implications for some other s...

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Paying the Price – Costs Implications of Offers, Credibility and Unmeritorious Arguments

In Partridge v Hobart City Council & Ors (No2) [2013] TASFC 1, the appellant sued the respondents for damages in respect of injuries suffered as a result of a fall down an external stairway. Prior to trial, the respondents ...

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