Deliberately taking a risk can still be an ‘accident’

Paul Spezza (Partner), Scott Macoun (Senior Associate) and Bree Smith (Associate) consider the Court of Appeal of Queensland’s decision of Matton Developments Pty Ltd v CGU Insurance Limited [2016] QCA 208, which provides insight to both insurers and policy holders into what constitutes “accidental damage”, and how the courts are reluctant to interpret additional benefits […]

What is sufficient knowledge for the purpose of a road authority’s immunity from civil liability?

The NSW Court of Appeal’s recent decision in Nightingale v Blacktown City Council [2015] NSWCA 423 has provided increased certainty of the level of “actual knowledge” of a risk that must be established in order to defeat a section 45 defence. The case has significant ramifications for plaintiffs seeking to sue road authorities. In order […]

Construction Bulletin – April 2014

The April 2014 edition of our “Construction Bulletin” includes commentary in relation to the following matters: Professionals acting unprofessionally – the meaning of the terms “professional services” in a D&O policy exclusion. Recent changes to Queensland’s building and construction industry legislation. The special leave application in the Brookfield Multiplex litigation. The future of compulsory commercial […]