HCA: Codelfa Constructions remains binding authority
Friday, November 18th, 2011Please Login to view this Content.(Not a member? Join Today!)
Archive for the 'Contract' Category
Employment: duty not to cause financial loss & implied term of good faith
Sunday, June 26th, 2011Please Login to view this Content.(Not a member? Join Today!)
Settlement agreement – economic duress, misrepresentation or unconscionable conduct
Monday, June 6th, 2011Allens Arthur Robinson Mitchell v Pacific Dawn Pty Ltd [2011] QCA 98 The Queensland Court of Appeal has affirmed that a threatened breach of contract may amount to normal commercial negotiations if the party exerting the pressure does so in good faith and on a reasonable and honest view of its legal rights. On the [...]
HCA: TPA & CLA (NSW) – exemptions
Friday, May 13th, 2011Please Login to view this Content.(Not a member? Join Today!)
Insurance Policy – valid election to repair or not
Thursday, April 14th, 2011Please Login to view this Content.(Not a member? Join Today!)
Broking advice by the dashboard light
Saturday, April 9th, 2011Allens Arthur Robinson In brief: A recent decision of the New South Wales Supreme Court has highlighted the pitfalls for insurance brokers who give unqualified advice on the legal effect of policy provisions. Partner John Edmond (view CV) and Senior Associate Philip Hopley report. Background The decision Comment Reproduced with permission of Allens Arthur Robinson [...]
Green light for green-fingered brokers
Friday, November 12th, 2010Allens Arthur Robinson In brief: The NSW Supreme Court recently enforced a restraint deed prohibiting a former employee of an insurance broker from soliciting clients. Partner John Edmond (view CV) and Law Graduate Tom Levi report on the Court of Appeal judgment upholding the decision. Background The appeal decision Reproduced with permission of Allens Arthur [...]
Effective exercise and discharge of an insurer’s payment obligations
Wednesday, September 15th, 2010Cape York Airlines Pty Ltd v QBE Insurance (Australia) Ltd [2010] QSC 313 Allens Arthur Robinson A recent Queensland Supreme Court judgment1 is a reminder that insurers must decisively elect and communicate a decision as to which basis of settlement it has chosen to apply in circumstances where it has several options open to it [...]
Room with a view: avoiding alleged misrepresentation in developments
Tuesday, September 14th, 2010Mirvac Queensland Pty Limited v Holland & Anor [2010] QSC 330 and Mirvac Queensland Pty Ltd v Tyan Pty Ltd ATF Tavakol Investment Trust [2010] QSC 333 Allens Arthur Robinson Two recent Queensland Supreme Court decisions have highlighted the need for developers to control the information their agents provide to prospective purchasers, after apartment buyers [...]
Extrinsic evidence and interpreting ‘gap’ insurance policies
Tuesday, September 7th, 2010Please Login to view this Content.(Not a member? Join Today!)