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Gilchrist Connell is thrilled to congratulate Adelaide Principal John Homburg on his recent award of Life Membership of the Australian Insurance Law Association (AILA). (Nov 2016)

 

Gilchrist Connell is pleased to announce it has placed in the 2016 Australasian Lawyer’s Top Ten fastest-growing firms in the country. (20 Oct 2016)

 

Gilchrist Connell awarded Insurance Team of the Year (07 Sep 2016)

 

2016 Law Firm Survey: Gilchrist Connell leads in workplace flexibility (27 Jul 2016)

 

Gilchrist Connell promotions (01 Jul 2016)

 

New additions to the GC team in Brisbane

(01 Jun 2016)

 

Three new Principals and more senior lawyers

(10 Feb 2016)

 

Gilchrist Connell expands with fifth office

(27 Aug 2015)

 

New Specialist Workplace Relations Leader and Senior Perth Appointments

(25 Jun 2015)

 

New additions to the Gilchrist Connell Team in Melbourne and Sydney

(12 Jun 2015)

 

Opening of the new Gilchrist Connell Melbourne Office

(08 Jul 2014)

 

Gilchrist Connell's sponsorship of Young Insurance Professionals 

(03 Jul 2014)

 

The appointment of Justine Siavelis to Principal plus other senior appointments

(30 Jun 2014)

 

Announcement (18 Mar 2014)

Alex Haslam presented to the NSW Claims Discussion Group on the recent changes to the Privacy Act.

 

New Move for Gilchrist Connell Adelaide

(03 Mar 2014)

 

Rapid Growth for Gilchrist Connell in Perth

(23 Jan 2014)

 

Gilchrist Connell adds Special Counsel
 to expanding senior ranks (18 Jul 2013)

 

Sydney and Perth expands senior ranks

(21 Mar 2013)

 

Principal added and five senior appointments

(01 Jul 2012)

 

Four senior appointments

(18 Jan 2012)

 

Gilchrist Connell opens Perth office

(05 Aug 2011)

 

Top Lawyers start at insurance firm

(10 Jul 2011)

 

Newest Principal appointed in Adelaide

(10 Jun 2011)

 

Expanding senior ranks

(10 Aug 2010)

 

Announcement

(10 May 2010)

Gilchrist Connell is proud to be a key sponsor of Australia’s peak insurance industry events.

 

In 2008:

-    AILA National Conference

     (September 2008, Queensland)

 

In 2009:

-    APIG National Conference

     (September 2009, Sydney)

-    AILA National Conference

     (October 2009, Queensland)

 

In 2010:

-    APIG National Conference

     (September 2010, Sydney)

-    AILA National Conference

     (October 2010, Adelaide)

 

A fresh law firm is born

(01 Jul 2008)

 

Top insurance law firm in South Australia

(01 Jul 2008)

Kevin, Richard and Fiona were thrilled to be singled out in the latest Australasian Legal Business 2008 client survey that gave our Adelaide office the gong for top insurance law firm in South Australia. Clients praised the clarity of their advice and wide experience.

 

Kickstarting the 2008 AILA Conference

(01 Jul 2008)

Gilchrist Connell is helping to kickstart the 2008 Australian Insurance Law Association gig in September – the peak insurance law industry event. If you’re going along you’ll be carrying and wearing us – as registration sponsors we’ll be hard to miss with our fresh ID stamped on the badges, satchels and lanyards.

 

Limelight Issue No. 66 (March 2017)

This edition of Limelight looks at a recent Supreme Court decisiona arising out of a tragic motor accident on Stradbroke Island, which left a young man with catastrophic injuries.

Lien-Yang Lee v Chin-Fu Lee & ors [2017] QSC 42

 

Limelight Issue No.65 (March 2017)

This addition of Limelight looks at the Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth). This Act attempts to deal with the ever increasing threat of cyber data breaches by establishing the first mandatory nationwide data breach notification scheme.

 

Limelight Issue No. 64 (November 2016)

This edition of Limelight looks at a recent appeal judgment on the application of the notorious remedial provision in section 54 of the Australian Insurance Contracts Act 1984 (Cth). Watkins Syndicate 0457 at Lloyds v Pantaenius Australia Pty Ltd [2016] FCAFC 150.

 

Limelight Issue No. 63 (November 2016)

This edition of Limelight looks at indirect causation in securities class actions in the matter of HIH Insurance Limited (in liquidation) and Others [2016] NSWSC 482.

 

Limelight Issue No. 62 (October 2016)

This edition of Limelight looks at the impending amendments to the Australian Consumer Law and the Australian Securities and Investment Commission Act 2001 (Cth) which provide protection to small businesses from unfair contract terms.

 

Limelight Issue No. 61 (September 2016)

This edition of Limelight discusses the The interplay between civil liability and occupational health and safety legislation. Deal v Father Pius Kodakkathanath [2016] HCA 31.

 

Limelight Issue No. 60 (July 2016)

This edition of Limelight examines a recent Federal Court decision on misleading representations made by an employer to a potential employee. It serves as a good reminder to EPL underwriters to ask insureds or potential insureds whether they are aware of any such representations. Rakic v Johns Lyng Insurance Building Solutions (Victoria) Pty Ltd (Trustee) [2016] FCA 430

 

Limelight Issue No. 59 (June 2016)

This edition of Limelight examines the High Court's recent clarification of a 100 year old issue regarding the meaning of "injury”.

 

Limelight Issue No. 58 (May 2016)

The High Court, in Attwells v Jackson Lalic Lawyers Pty Limited [2016] HCA 16, today explained that the requisite connection to attract the advocates' immunity is the work of an advocate and the judge's determination of the case. Out of Court settlements are not intimately connected with work in Court and are not immune from suit.

 

Limelight Issue No. 57 (May 2016)

This edition of Limelight examines a recent case where a New Zealand insurer successfully relied on a choice of court and choice of law clause in an insurance policy to stay proceedings commenced in Australia because the more appropriate forum was found to be a New Zealand court. It has wide-ranging ramifications for underwriters operating throughout Australasia and the effectiveness of such clauses, which are common in many local policy wordings. Australian Gourmet Pastes Pty Ltd v Endeavour Packaging Pty Ltd & Anor [2016] VCC 455.

 

Limelight Issue No. 56 (February 2016)

This EPL special edition of Limelight examines a recent significant sexual harassment case, in which the Victorian Civil and Administrative Tribunal ordered $180,000 in general damages (out of a total $332,280 in compensation, plus legal costs), and assessed that damages in such cases is not limited by workers compensation legislation Collins v Smith (Human Rights) [2015] VCAT 1992.

 

Limelight Issue No. 55 (February 2016)

In this edition of Limelight, we look at a recent High Court decision that deals with an issue dreaded by many insurers: being joined to proceedings by a party who is not a named insured under the policy but who has a claim against an insured. CGU Insurance Limited v Blakeley [2016] HCA 2

 

Limelight Issue No. 54 (December 2015)

The Chief Justice of the Federal Court of Australia, the Honourable James Allsop, has this week announced the Court’s intention to establish in 2016 a dedicated Insurance List within the Court’s Commercial Contracts, Banking, Finance and Insurance practice area. This stream is a sub-division of the Commercial and Corporations National Practice Area (CCNPA).
 

Limelight Issue No. 53 (December 2015)

As a result of a recent High Court decision, claims managers should have greater certainty setting reserves as to the likely range of penalties in claims where there is no viable defence, thereby enabling more accurate reserves to be set. Commonwealth of Australia v Director, Fair Work Building Industry Inspectorate; CFMEU v Director, Fair Work Building Industry Inspectorate [2015] HCA 46.

 

Limelight Issue No. 52 (October 2015)

A recent decision of the Victorian Supreme Court in Fabfloor (Vic) Pty Ltd & Danfoss (Australia) Pty Ltd v BNY Trust Company [2015] VSC 434 confirms the significant difficulty facing defendants to Victorian proceedings wishing to join other parties as concurrent wrongdoers, so as apportion their liability to the plaintiff pursuant to the proportionate liability regime.

 

Limelight Issue No. 51 (September 2015)

On 9 September 2015, in a decision that will be of significance to insurers of defendants in occupational health and safety (OHS) prosecutions, the Victorian Court of Appeal clearly outlined the sentencing approach in OHS prosecutions in Victoria: namely, that Courts will impose penalties based on the seriousness or gravity of the risk caused by the relevant safety breach and not instead on the consequences of a safety breach (i.e. whether someone was injured or killed).

 

Limelight Issue No. 50 (July 2015)

Marking the July launch of our national EPL/ML practice, this Limelight discusses an unfair dismissal case in which an employer dismissed an employee for his drunken conduct at a boozy work Christmas party - Stephen Keenan v Leighton Boral Amey NSW Pty Ltd [2015] FWC 3156

 

Limelight Issue No. 49 (May 2015)

High Court’s decision as to the application of proportionate liability and contributory negligence provisions of the Corporations Act 2001 (Cth) – Non-party costs order against insurer – Selig v Wealthsure Pty Ltd [2015] HCA 18

 

Limelight Issue No. 48 (May 2015)

Major Shareholder and Board Position Exclusion and policy interpretation. Oz Minerals Holdings Pty Ltd & Ors v AIG Australia Ltd [2015] VSC 185 (6 May 2015)

 

Limelight Issue No. 47 (October 2014)

High Court's decision as to whether a duty of care in respect of defective commercial building work is owed by a builder to a subsequent purchaser; Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 & Anor[2014] HCA 36

 

Limelight Issue No. 46 (September 2014)

High Court's decision concerning section 54(1) of the Insurance Contracts Act 1984 (Cth)

 

Limelight Issue No. 45 (August 2014)

Managing Agent contractual indemnity – recovery of defence costs of personal injury proceedings from principal owner -  Pavlis v Wetherill Park Market Town Pty Ltd [2014] NSWCA 292
 

Limelight Issue No. 44 (July 2014)

Extension of time for bringing personal injury proceedings in South Australia − Meaning of "major significance on assessment of loss" - Ireland v Whightman [2014] SASCFC 52

 

Limelight Issue No. 43 (June 2014)

Liability of rating agencies, financial institutions and resellers of complex financial products − ABN Amro Bank NV v Bathurst Regional Council [2014] FCAFC 65

 

Limelight Issue No. 42 (June 2014)

Waiving legal professional privilege – Asahi Holdings (Australia) Pty Ltd v Pacific Equity Partners Pty Limited [2014] FCA 481

 

Limelight Issue No. 41 (March 2014)

AV8 Air Charter Pty Limited v Sydney Helicopters Pty Limited – Helicopter pilot’s liability for damage to plaintiff’s helicopter as a result of a wire strike

 

Limelight Issue No. 40 (March 2014)

Advocates Immunity – a recent Court decision on the availability of the advocates’ immunity defence

 

Limelight Issue No. 39 (February 2014)

Non-fraudulent misrepresentation – insurer’s ability to reduce liability to nil under section 28(3) of the Insurance Contracts Act 1984 (Cth) – Prepaid v Atradius (No.2) [2014] NSWSC 21

 

Limelight Issue No. 38 (October 2013)

Ireland v Wightman – Extension of Time in Personal Injury Matters

 

Limelight Issue No. 37 (July 2013)

The Australian Bridgecorp – Chubb Insurance of Australia Ltd & Ors v 
Moore & Ors [2013] NSWCA 212 – Section 6 of the Law Reform (Miscellaneous Provisions) Act 1946 (NSW) and defence costs

 

Limelight Issue No. 36 (June 2013)

Offers of Compromise – Important Changes from 7 June 2013

 

Limelight Issue No. 35 (June 2013)

The case of the vanishing letter – A recent NSW Supreme Court decision as to whether an option was exercised – conflicting evidence as to whether the exercising letter was contained in a posted envelope 2002 – C&P Syndicate Pty Ltd v Reddy & Anor [2013] NSWSC 643

 

Limelight Issue No. 34 (April 2013)

Professional Indemnity Cover – Real Estate Agents – Property, Stock & Business Agents Act 2002

 

Limelight Issue No. 33 (April 2013)

Professionals and insurers breathe a sigh of relief Hunt & Hunt Lawyers v Mitchell Morgan Nominees Pty Ltd [2013] HCA 10 – 3 April 2013 – Proportionate Liability

 

Limelight Issue No. 32 (January 2013)

Special circumstances justifying a costs order in favour of a non-party to reinstatement proceedings In the matter of Gia Firenze Investments Pty Limited [2013] NSWC 99

 

Limelight Issue No. 31 (January 2013)

"And Now For Something Completely Different"... Unfair Contract Terms Regime Planned for General Insurance Contracts

 

Limelight Issue No. 30 (January 2013)

Steigrad v BFSL Ltd & Ors COA CA674/2011 [20 December 2012] – The operation of section 9 of the Law Reform Act 1936 (NZ) which is in identical terms to section 6 of the Law Reform Miscellaneous Provisions Act (NSW) 1946

 

Limelight Issue No. 29 (January 2013)

Liability of financial adviser for losses incurred by investments in complex financial products – Wingecarribee Shire Council v Lehman Brothers Australia Ltd (in Liq) [2012] FCA 1028

 

Limelight Issue No. 28 (January 2013)

Legal practitioners’ liability for work conducted out of court – Donnellan v Woodland [2012] NSWCA 433

 

Limelight Issue No. 27 (December 2012)

Liability for damage – AV8 Air Charter Pty Ltd v Sydney Helicopters Pty Ltd [2012] NSWDC 220

 

Limelight Issue No. 26 (November 2012)

Production of settlement related documents “without prejudice” privilege  Wingecarribee Shire Council v Lehman Brothers Australia Ltd (in liq) (No.6) [2011] FCA 35  Liu v Fairfax Media Publications Pty Ltd [2012] NSWSC 1352

 

Limelight Issue No. 25 (September 2012)

Zerella Holdings Pty Ltd & Anor v Williams & Anor [2012] SASCFC 100 (24 August 2012) – Evidential requirements and statutory interpretation in South Australia

 

Limelight Issue No. 24 (September 2012)

Costs Update – Rail Corporation NSW v Vero Insurance Ltd (No.2) [2012] NSWSC 92 – costs protection pursuant to Offers of Compromise and Calderbank offers – Transfield Services (Australia) Pty Ltd v Gaha [2012] NSWSC 865 – costs awards where proceedings are settled prior to a hearing on the merits

 

Limelight Issue No. 23 (June 2012)

Rail Corporation NSW v Vero Insurance [2012] NSWSC 632 – Section 51 of the Insurance Contracts Act 1984 (Cth) – Direct recovery against insurer by third parties

 

Limelight Issue No. 22 (June 2012)

High Court decision in Shafron v Australian Securities and Investments Commission [2012] HCA 18 – Scope of directors’ and officers’ duties – Section 180 of the Corporations Act 2001 (Cth)

 

Limelight Issue No. 21 (May 2012)

Court of Appeal decisions on costs protection pursuant to Offers of Compromise and Calderbank offers – Vieira v O’Shea (No 2) [2012] NSWCA 121 and Tati v Stonewall Hotel Pty Ltd (No 2) [2012] NSWCA 124

 

Limelight Issue No. 20 (April 2012)

Proportionate Liability – No apportionment of plaintiffs’ costs – Tsu v Nemeth & Anor [2012] NSWCA 29

 

Limelight Issue No. 19 (March 2012)

High Court decision in Strong v Woolworths Limited t/as Woolworths & Anor [2012] HCA 5 – Overturned Court of Appeal decision (Limelight Issue No. 14) – Limitation on the causation defence of a lack direct evidence

 

Limelight Issue No. 18 (December 2011)

Significant Court of Appeal decision on Proportionate Liability and “concurrent wrongdoers”Mitchell Morgan Nominees Pty Ltd & Anor v Vella & Ors [2011] NSWCA 390

 

Limelight Issue No. 17 (October 2011)

New identification requirements in NSW for mortgagees and witnesses to mortgage documents

 

Limelight Issue No. 16 (February 2011)

South Australian WorkCover board prohibits redemption – Implications for Liability Insurers

 

Limelight Issue No. 15 (November 2010)

Amendments to New South Wales Workers Compensation Legislation

 

Limelight Issue No. 14 (November 2010)

Burden of proof in establishing causation - Slip/Trip - Woolworths Limited v Strong and CPT Manager Ltd (2010) NSWCA 282

 

Limelight Issue No. 13 (September 2010)

Reliance by practitioners on contemporaneous Professional Advice Certificates – Palios Meegan and Nicholson Holdings Pty Ltd and Anor v Shore (2010) SASCFC 21

 

Limelight Issue No. 12 (December 2009)

Proportionate Liability: Avoiding the Legislation

 

Limelight Issue No. 11 (September 2009)

Difficulties facing defendants in persuading a Court to limit awards of damages in Personal Injury matters – Herd v Chevalier Pty Ltd [2009] SADC 63

 

Limelight Issue No. 10 (November 2009)

Limits of publicans’ liability to patrons – Importance of a factual causation analysis for claims in negligence – High Court decisions in C.A.L No. 14 Pty Ltd v Scott [2009] HCA 47 and Adeels Palace Pty Ltd v Moubarak [2009] HCA 48

 

Limelight Issue No. 9 (August 2009)

High Court decision in Aon Risk Services Australia Limited v Australian National University [2009] HCA 27 – Implications for applications for adjournment and amendment of pleadings – Objectives of Court Rules

 

Limelight Issue No. 8 (July 2009)

Availability of Proportionate Liability defences under the Civil Liability Act 2002 (NSW) and similar legislation in other States – Cause of action against a valuer – Ross v Cook & Anor [2009] NSWSC 671

 

Limelight Issue No. 7 (April 2009)

Contractual Indemnity – Proportionate liability – Indefeasibility of title – Solak v Bank of Western Australia Ltd & Ors [2009] VSC 82

 

Limelight Issue No. 6 (April 2009)

i>Speno Rail Maintenance Australia Pty Ltd v Metals & Minerals Insurance Pty Ltd [2009] WASCA 31 – Section 45 of the Insurance Contracts Act 1984 (Cth) "Other Insurance" – Subrogation

 

Limelight Issue No. 5 (February 2009)

Admissibility and Relevancy of Expert Evidence – Flavel v State of South Australia [2008] SASC 33

 

Limelight Issue No. 4 (December 2008)

Navigating Through the Rough Seas of Proportionate Liability

 

Limelight Issue No. 3 (October 2008)

Whether injured workers unwittingly give up their Workers Compensation entitlements by settling related Unfair Dismissal claims – Adams v Fletcher International Exports Pty Limited [2008] NSWCA 238

 

Limelight Issue No. 2 (September 2008)

Sydney District Court Practice Note 13 – New Case Management procedures lead to efficient preparation for hearing

 

Limelight Issue No. 1 (August 2008)

Occupiers’ duties under the Occupational Health Safety & Welfare Act 1986 (SA) – Proportionate Liability under the Development Act 1993 (SA) – AFA Air-conditioning Pty Ltd v Mendrecki & Ors (2008) 101 SASR 381