In Epsilon Insurance Broking Services Pty Ltd v Liberty Managing Agency Ltd, 1 Allsop CJ determined the preliminary issue of whether the Federal Court had jurisdiction to hear Epsilon’s claim for equitable contribution from the respondent insurers. The basis of the claim was double insurance. The case involves the construction of two policies of insurance

In Globe Church Inc v Allianz Australia Insurance Ltd, the New South Wales Court of Appeal construed an Industrial Special Risks Insurance Policy (Policy) to determine when the cause of action for breach of contract had accrued. Globe Church, the insured, had suffered property damage due to rainwater and flooding from 8 June 2007. The

In Delta Pty Ltd v Mechanical and Construction Insurance Pty Ltd, Queensland Investment Corp had contracted with Delta to undertake some excavation work in preparation for the construction of a high-rise building. Delta had subcontracted the installation of rock anchors for four retaining walls to Team Rock Anchors Pty Ltd (TRA). The work of TRA

In this article, Laina Chan explores the evolution and development of the law in relation to the penumbral duty of care of solicitors and notes the increased willingness of the New South Wales Court of Appeal in recent times to find the existence of a penumbral duty of care in certain circumstances. The author notes

This article will trace the evolution of the common law concept of caveat emptor where a vendor only had to disclose latent defects in title whether or not known to the vendor, to the constraints now placed on vendors via their obligations pursuant to s 52A of the Conveyancing Act 1919 (NSW) and s 18

The Design and Building Practitioners Act provides that a person who carries out ‘construction work’ has a duty to exercise reasonable care to avoid economic loss caused by defects in, or related to, a building for which the work was done. The article can be downloaded here