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Member Articles


Exploring Limitations of Liability and Exclusions of Categories of Loss

Contact: Patrick Mead; Carter Newell (Queensland, Australia) There is a distinction between an exclusion clause, the effect of which is to either absolve a party for the consequences of a breach of contract or duty or t ...

The Queensland Court of Appeal Overturns Decision of Agripower Applying Ordinary Meaning of the Word ‘Land’

Contact: David Rodighiero and Kyle Trattler; Carter Newell (Queensland, Australia) J & D Rigging Pty Ltd v Agripower Australia Ltd & Ors [2013] QCA 406 On 20 December 2013, the Queensland Court of Appeal (1) overt ...

Dealing with Emerging Risks – DSU Insurance

Contact: Patrick Mead; Carter Newell (Queensland, Australia) Carter Newell has recently been involved with issues relating to the treatment of the emerging risk to revenue of projects under construction, by way of the r ...

Out of Time – Transitional PPSA Provisions No Longer Provide Protection

Contact: Matt Couper, Mark Kenney and Laura Bergan; Carter Newell (Queensland, Australia) If you have previously been relying on the transitional provisions of the Personal Properties Securities Act 2009 (Cth) (PPSA) an ...

Regional Planning Interests - A New Layer of Approval for Queensland Resource Projects

Contact: James Plumb and Audine Bartlett; Carter Newell (Queensland, Australia) Since the implementation of the Strategic Cropping Act 2011 (Qld) (SCL Act), the Queensland Government has continued to monitor the concern ...

Be Careful of Warranties!

Contact: Tony Stumm; Carter Newell (Queensland, Australia) Introduction Almost all purchasers of assets expect to be given warranties by the vendors or sellers.  What happens if a given warranty doesn't measu ...

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