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Member Articles


When disclosure to an insurer risks waiving privilege

Contact: Mark Brookes, Partner, Dee Wood, Senior Associate and Natasha Millington, Solicitor; Carter Newell (Queensland, Australia) Asahi Holdings (Australia) Pty Ltd v Pacific Equity Partners Pty Limited (No 2) [2 ...

Reform kites are being flown on directors' liability reform

  Contact: Tony Stumm, Partner; Carter Newell (Queensland, Australia) Under the Corporations Act 2001 (Cth) (Act), company directors have a defence to counter claims of negligence against them if they can sat ...

High Court rejects ‘Trojan’ term of mutual trust and confidence

Contact: Stephen Hughes, Special Counsel and Lara Radik, Associate; Carter Newell (Queensland, Australia) In a decision handed down on 10 September 2014, the High Court has held that there is no implied duty of mutual t ...

The Difficulty of Drafting Effective Exclusion Clauses

Contact: Mark Brookes, Partner and Hannah Fox, Solicitor; Carter Newell (Queensland, Australia) A recent decision of the Queensland Supreme Court highlights the importance of meticulous drafting of insurance polici ...

Joint Venture Glitch

  Contact: Tony Stumm, Partner; Carter Newell (Queensland, Australia)   This article examines the problem of imprecision when specifying rights attaching to shares in a company used as an incorporated j ...

The Cupboard is Bare in Defective Goods Action

Contact: Rebecca Stevens, Partner and Allison Bailey, Senior Associate; Carter Newell (Queensland, Australia) The New South Wales Court of Appeal has upheld the decision of a District Court trial judge who dis ...

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