Abuse Law

Building & Construction

Compulsory Third Party

Cyber & Technology

Directors & Officers Liability

Defamation (Insurance)

EPL (Insurance)

Financial Institutions

Health

Management Liability

Product Liability

Professional Indemnity

Property & Industrial Special Risks

Public Liability

Strata Law

Subrogated Recoveries

Warranties & Indemnity

Workers’ Compensation

Insurance

Employment

EPL (Workplace)

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Work, Health & Safety

Workplace

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Regulatory & Investigations

Corporate, Regulatory & Insurtech

Dispute Resolution & Litigation

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Gilchrist Connell. Australia’s leading defendant insurance-sector law firm.

Gilchrist Connell

Limebite

Flexible work arrangement in Japan no barrier to redundancy

Featured Insight.

Joel Zyngier

Back to the future? Collective agreements for road transport contractors and gig workers

New criminal offence of wage thefts

Limelight

Gig round-up – recent decisions from the gig economy

Alex Haslam

Problems with evidence and assessment of damages in W&I claim against insurance tower

Jamie Ling

Record fine in South Australia for reckless conduct offence in the workplace

Mark Curran

Jacob Redden

Defamation (Dispute Resolution & Litigation)

New unfair termination protection for road transport contractors

Yvonne Lam

Nitesh Patel

Ashleigh Perriman

Kristina Nehme

Linda Zeng

Regulatory Radar Q4 2024

Julian Peake

High Court confirms apportionment defence not available for developers or head contractors

Is time up for non-compete clauses? 

Cheers to safety: Navigating the holiday office party minefield

Bits, Bytes and Boards: Australia’s New Cyber Security Act 2024

Maddison Harrington

Major amendments to Queensland's Anti-Discrimination Act: what employers need to know

Justine Siavelis

Amanda Tucker

High Court rulings redefine permanent stays in historical abuse cases

Landmark High Court ruling on vicarious liability - abuse law

Joe Parisi

Beware of dog – Employee entitled to workers compensation for injury at home

Mary Kinna

Adriana Reina

Owners corporation fined $225,000 for work health and safety breach on common property

Emily Brett

Ingrid Nunnink

'Discoverability’ under s27K of the Limitation of Actions Act 1958 (Vic): when you know, you know

Mitchell Hauser

To be or not 236B? - The validity of contractual indemnities with employers 

Close, but no cigar: a breach by an Owners Corporation but no work orders entered

Sarah Wood

Hanna Kim Hong

Regulatory Radar Q3 2024

A punch in the face, plus costs: Khodor v Murphy [2024] NSWDC 364

Email to staff advising of employee’s medical episode breached the Privacy Act

$382,500 in fines for company and site manager after major safety breach: Key takeaways for managers with safety responsibilities

Tiarn Pauletto

High Court confirms narrow approach to pure economic loss claims in negligence

Richard Scougall

Fair Work Commission to set minimum standards for road transport contractors and gig workers

Protecting contractors: new Fair Work Commission jurisdiction to address unfair contract terms

Samantha Hocking

Thea Paleologos

Commercial Litigation

The High Court gives proportionate liability in arbitration the green light

Arthur Hambas

Industrial Relations

The employee right to disconnect: a reduction in flexibility or a question of give-and-take? 

From conflict to clarity: legal requirements and best practice when conducting a workplace investigation

Regulatory Radar Q2 2024

Stephen Connell

Mango fandango – fruit fiasco in Gomez v Woolworths

When ‘I quit’ doesn’t mean ‘I quit’

The importance of real-time prescription monitoring – a Coroner’s finding

Dan Robinson

Katherine Czoch

Court finds after-the-event insurance policy not adequate security for costs

New criminal offence of wage theft

Abbey Stockley

Regulating for future generations

Employer or independent contractor?

Work Health and Safety and Other Legislation Amendment Bill 2023 (QLD)

Health Care Complaints Commission v Tan [2024] NSWCATOD 31

Madeleine Eaton

Parental consent to the medical treatment and healthcare of children in the context of split families

Paul Kozub

Burden on occupier remains key in breach of duty assessments

Helen Tieu

When are the costs of separate legal representation ‘reasonable’? – the case of Lisa Wilkinson

The right to disconnect - flexibility takes a backward step

Court clarifies scope of ‘agent’ and ‘subcontractor’ in construction risks policy 

QIRC finds injured worker unable to meet genuine occupational requirements

Pills, bills and policy thrills:  Unpacking the Health Insurance Amendment (Professional Services Review Scheme No. 2) Bill 2023

Calderbank offers: when will indemnity costs be awarded?

Proportionate liability defence unavailable for builders, developers and head contractors

James Spartalis

South Australia passes industrial manslaughter laws

Federal Court reminder on the burden of proof

The non-disparagement clause - (sometimes) worth the paper it’s written on

Australian Human Rights Commission provides further guidance on positive duty to prevent sexual discrimination and harassment

Reasonable and necessary to protect health and safety.

Celia Wright

Greenwashing under scrutiny: part 2 - the year ahead

Greenwashing under scrutiny: part 1 - the year in review

It’s about to get a lot harder to employ casuals

Telehealth consultations – what’s new?

Worksafe's watchful eye

Likely extension of Paid Parental Leave

The protected attribute of relationship status

AHRC release guide for employers to complying with their positive duty under the Sex Discrimination Act (Cth)

Katrina Fitzgerald

Tear-gassed detainees entitled to compensation

The trend towards higher awards for general damages in sexual harassment cases

Navigating the next steps in a coronial investigation

High Court finds that tortious actions in shared accommodation merely a piddle in the large puddle of vicarious liability

Closing loopholes: Unpacking the third tranche of workplace relations changes

Changes to fixed-term contract provisions

No dough for policyholder

Tom Dayman

Protecting those who cannot look after themselves

When things don’t go swimmingly

Protecting Worker Entitlements Act – implications for employers and insurers

Compensation cap and high-income threshold for unfair dismissals to increase from 1 July 2023

Q&A with 2021 APIG Gilchrist Connell Frank Earl award winner Lucinda Conlon

Sufficient notification of “facts” in cladding claim

Claims handling as a financial service: ASIC seeks and obtains penalties against insurer for breach of its claims handling obligations  

Employers gain clarity and comfort about their long service leave obligations to casual employees

APRA releases report on insurance claims trends

Concerned about multi-employer bargaining? Consider implementing your own enterprise agreement

Court of Appeal delivers knockout blow to unconscious bias

Failure to redeploy overseas decisive

HR manager fined for Fair Work Act breach

Important clarification of law about requiring employees to work on public holidays

Reece Qose

Attorney General’s review proposes Privacy Act overhaul

Managing psychological health and safety at work: the guidance provided by each Australian state and territory

Further sweeping reforms coming to Australia’s employment landscape?

Section 33 – Still a mystery

Greenwashing – the new frontier

NSW Court of Appeal confirms expanded duty of care for building professionals, with duty set to expand further

Introduction of 10 Days paid domestic and family violence leave

High Court finds that utmost good faith does not bind insurer to coverage representation

Secure Jobs, Better pay changes: what to do about it

Are your pay secrets no longer safe? Changes to the Fair Work Act

Proposed changes to South Australian Donor Conception Register laws

Proposed changes to SA Industrial Manslaughter laws: what employers need to know

Securing a sexual harassment–free future: the Secure Jobs, Better Pay Bill

Kaye Lai

The start of a cyber reform wave?

Proposed changes to employment and industrial laws: what employers need to know

James Duffy

Anti-discrimination law reform in Western Australia

Supreme Court confirms broad ambit of duty of care for design and building professionals

Limebite.

Limelight.

Insurance insights.

A wake-up call for employers, boards and senior management.

Jordan Hansen

Adam Elbanna

Caspar Hawke

Katie Kyung

Anthony Ross

In our final edition of Regulatory Radar for the year, we provide an update on the most significant regulatory updates from the last quarter and look ahead to major reforms in 2025 and beyond.

Matisse Henderson

Gabrielle Burford

Grace Devery

James Taylor

Thomas Connell

In the latest edition of our ‘Regulatory Radar’, we delve into several pivotal developments within Australia’s regulatory landscape, which are highlighted as strategic priorities for both APRA and ASIC in their respective Corporate Plans for the year ahead.

Alex Morison

Danielle Cavanagh

See below the important topics from the latest edition of our Regulatory Radar, a quarterly update on key regulatory developments impacting the insurance sector in Australia.

Neda Stijacic

The common law position when there is no written contract.

Transitional provisions for the introduction of the prohibition of indemnity for penalties.

Insights