The closure of both domestic and international borders has lead to many travellers attempting to claim their travel insurance. With the recent deluge of claims bringing travel insurance into focus, we would like to discuss some of the key clauses that you need to be...
As counterintuitive as it seems, time and time again we see disputes before the courts concerning the very clauses that were supposed to assist the parties avoid being there in the first place – the dispute resolution clauses that are most often found at the back of...
ClarkeKann’s commitment to delivering solution-based outcomes for our clients remains at the centre of our offering. Providing qualified, trustworthy, bespoke legal advice with a particular focus across our core areas of expertise; Agribusiness, Intellectual Property...
By Chris Kintis and Anastasia Stomo Restraint of trade clauses are often found in employment contracts and Australian businesses are increasingly choosing to use restraint clauses in contracts between commercial entities. When used in this form, however, they serve to...
From time to time in business it may become necessary to enforce your legal rights by way of Court action. You may, for example, need to enforce the terms of a contract, seek redress for negligence or enforce your statutory rights. If you do find yourself in that...
EDIT 31 MAY 2018: The Minister for Revenue and Financial Services has now issued an explanatory statement as well as a draft declaration and draft regulations which outline various rights and agreements which are proposed to be exempted from the ‘ipso facto’...
By Ben Keenan and Mitchell Teasdale March 2018 saw the Queensland Supreme Court deliver judgments against employers in two major work health and safety proceedings. A jail term in one, and a million dollar damages award in the other underscore the importance of having...
This article was amended on 24 May 2018. In late 2017 the Queensland parliament passed the Building Industry Fairness (Security of Payments) Act 2017 (Qld) (“BIFA”) which substantially alters Queensland’s security of payment regime. In addition to the introduction of...
Personal guarantees are extremely common. Chances are, one day you’ll be required to sign one –perhaps as a company director, or maybe as a parent when helping your child obtain finance for their first home. Often such guarantees are provided without much thought,...
The Queensland construction industry saw increased regulation in 2017. With the industry focused on the “big ticket” items, being non-conforming building products, the changes to BCIPA and project bank accounts, the expansion of the definition of “influential person”...
It has been confirmed that an employer may require a union official to possess an entry permit under the Fair Work Act 2009 (Cth) (FW Act) even when the official has purportedly been invited on site by a safety representative. On 17 November 2017, the High Court...
Over $6 billion dollars per year… This is the cost to Australian employers for lost productivity and sick days attributable to drug an d alcohol use. It is little wonder why safety-critical industries are increasingly committing resources to introduce or improve...