Articles

The Treasury Laws Amendment (Financial Market Infrastructure and Other Measures) Act 2024 (Cth) (Act) took effect on 1 January 2025. In this article, the Carter Newell team highlight the key information that you need to know and how to prepare.

On December 16 2024, the Court of Appeal handed down its judgment in Sky UK Ltd and MACE Ltd v Riverstone Managing Agency and others (Sky UK). The case was an appeal against the Order of HHJ Pelling KC (‘the Judge’) dated 24 August 2023 in respect of claims made by Sky UK Limited and Mace Limited under a construction all risks policy (‘the Policy’) underwritten by the defendant insurers (‘the Insurers’) .The Judge had been called on to consider the scope and effect of the Policy in respect of loss and damage allegedly suffered as a result of the widespread failure of the roof of Sky UK’s global headquartered building, known as “Sky Central” in Hounslow in West London.

The Carter Newell team highlight the importance of carefully considering causation evidence and formulating a clear, persuasive argument demonstrating why the alleged breach did not cause tangible damage.

In this article, the Carter Newell team highlight that the scope of advocate’s immunity extends to a legal professional’s engagement of expert witnesses and conduct in preparing evidence for litigation.

In this article, Partner Danielle Skinner and Paralegal Elena Garoufalis outline four 2024 NSW decisions with positive liability outcomes for Defendants to personal injury claims. Whilst there is always liability risk (particularly when a case is dependent on witness evidence) and commercial considerations, in certain situations these uncertainties are justified.  

Partner Michael Bath highlights what you need to know about the High Court’s decision on the Pafburn Pty Ltd & anor v The Owners – Strata Plan No 84674 [2024] HCA 49 decision.

The choice of language used to express the necessary unifying factor in first-party insurance is of critical importance. But what of the situation where there is no explicit language of aggregation, but rather wording which merely affords scope for aggregation by implying a unifying factor from general context? Partner Patrick Mead explores this topic.

A common issue that you might be facing when finalising contracts is how to determine the rate for liquidated damages. Partners Mark Kenney and Luke Preston have set out a general summary of the key principles that will help you ensure that you don’t miss anything.

Partner Rebecca Stevens highlights what you need to know about the High Court’s landmark decision on the Bird vs DP decision.

Michael Elliott, Partner, and Kendra Ciccotti, Law Graduate, examine the Legislative Assembly Environment and Planning Committee’s call for reforms to the Victorian Building and Construction Industry Security of Payment Act 2002.

In this article, Partner Peter Motti and Law Graduate Emily Cooper delve into the critical role of due diligence and highlight three common legal challenges resulting from this process.