Insurance Law



Insurance Law


By: Mark Brookes, Partner, Dee Wood, Senior Associate and Tom Pepper, Solicitor

Our January 2016 newsletter discussed the introduction of the Federal Court of Australia’s (Federal Court) new ‘Insurance List for short matters’ (List). Chief Justice Allsop has recently toured the country delivering a briefing on the List for legal practitioners and industry stakeholders. This newsletter provides further details surrounding the List’s operation and its potential advantages for both insurers and insureds.

To read the full article click here, or visit www.carternewell.com.


By: Mark Brookes, Partner and David Fisher, Senior Associate

In Kelly v Willmott Forests Ltd (in liq) (No 4) [2016] FCA 323 the Federal Court was asked to approve a settlement in class action proceedings. The court refused to do so, finding the settlement was not fair and reasonable having regard to the interests of all class members.

To read the full article click here, or visit www.carternewell.com.


By: Rebecca Stevens, Partner and Tina Lung, Solicitor

Recently the New South Wales Court of Appeal and the Australian Capital Territory Supreme Court have each handed down judgements involving plaintiffs who were injured while participating in water sports. These cases shed further light on the potential limitation of liability for accidents that occur in a recreational setting.

To read the full article click here, or visit www.carternewell.com.


Contact: Rebecca Stevens, Partner and Allison Bailey, Senior Associate

The Supreme Court of New South Wales has recently considered the construction of an indemnity clause in a labour hire agreement to determine whether a company could enjoy an indemnity for its own negligence in a personal injuries matter, in the case of Frewin v Adecco Industrial Pty Limited [2015] NSWSC 1568.

To read the full article click here, or visit www.carternewell.com.


Conact: Rebecca Stevens, Partner, Ryan Stehlik, Senior Associate and Brett Sherwin, Solicitor

The Industrial Court of Queensland has overruled a decision of the Queensland Industrial Relations Commission regarding whether a worker who was injured while sleeping, fell within the parameters of the Workers Compensation and Rehabilitation Act 2003 (Qld) (Act).

To read the full article click here, or visit www.carternewell.com.