Pulse - Issue 14

The latest edition of Pulse - a quarterly publication by Lander & Rogers’ Health Law & Litigation team with information on topical issues and developments in Australian medical and health liability.  Read more...

A green light for separate legal representation where a conflict of interest arises

In the recent New South Wales Supreme Court decision of Spotlight Pty Ltd v Maintek Roofing Pty Ltd (Spotlight)1, the Court granted leave to Spotlight to have separate legal representation in respect of the principal proceeding and the second cross claim against it on the basis of a conflict of interest. In this eBulletin, we review the decision and consider its application in the context of insurance matters and more generally.  Read more...

Cranes considered 'machinery' in Builder's Risk Insurance

New York's High Court confirms insurers' ability to rely upon a contractor's tools exclusion to bar coverage under a Builder's Risk Policy, for weather damage to a crane caused by Hurricane Sandy. This is one of the few decisions on contract works cover relevant to cranes, which are integral to building projects. This eBulletin looks at the decision and how courts in Australia would come to the same conclusion.
 Read more...

Will new data breach laws and high profile cyber-attacks in 2016 lead to surge in uptake of cyber insurance?

The benefits of cyber insurance can include a co-ordinated, rapid response team to a cyber incident but there is still a disparity between the scale and number of attacks and take-up of cyber insurance policies in Australia. In this eBulletin we look at examples of cybercrime, the insurance perspective, and the trends expected to result from new legislation.  Read more...

Pulse - Issue 13

The latest edition of Pulse - a quarterly publication by Lander & Rogers’ Health Law & Litigation team with information on topical issues and developments in Australian medical and health liability.  Read more...

Class action against Myer an 'abuse of process'

The Victorian Supreme Court has dealt a harsh blow to serial class action litigant, Melbourne City Investments and its founder, Mark Elliott, by ruling that MCI's class action against Myer was an abuse of process and should be stayed permanently. In doing so, the Court confirmed that the only legitimate purpose for bringing a proceeding is to vindicate legal rights or immunities by judgment or settlement.  Read more...

Builder beware - meeting regulatory requirements and avoiding defects with construction products

With the pressure placed on building practitioners to deliver innovative buildings quickly and cheaply, it can often be tempting to install now and ask questions later. However, it is important for designers and builders alike to be aware of the risks posed by the use of defective or non-compliant building products.  Read more...

Health Care Complaints Commission (NSW) releases 2015-16 annual report

The Health Care Complaints Commission (NSW) recently released its 2015-16 annual report. In this eBulletin, we summarise some of the key statistics and findings in this report.  Read more...

UK Court of Appeal upholds indemnity costs order against litigation funders

A recent UK Court of Appeal decision provides useful guidance for insurance professionals on commercial litigation funders' potential exposure to adverse costs orders.  Read more...

Aluminium cladding products - Implications for Underwriters

In November 2014, fire raced up the side of the Lacrosse apartments building in Melbourne's Docklands in less than 11 minutes. The fire brigade determined that the use of non-compliant aluminium composite panels had contributed to the spread of the fire. The fire prompted an audit by the VBA into the use of external wall cladding, which found that non-compliance in the use of external wall cladding materials is unacceptably high.  Read more...

Page 1 of 7