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Member Articles


Advocate’s immunity applies to settlement advice

Contact: Mark Brookes and Dee Wood, Carter Newell (Queensland, Australia) Case note: Kenderjian v Lepore [2015] NSWCA 132 On 21 November 1999 Mr David Kendirjian, the applicant, was injured when a vehicle in which he ...

Resisting claims brought directly against insurers by claimants

Contact: Mark Brookes and Tom Pepper; Carter Newell (Queensland, Australia) The recent case of Smart v AAI Ltd; JRK Realty Pty Ltd v AAI Ltd1 concerned two proceedings brought by Mr Nathan Smart (Smart) and JRK Realty ...

Politicising our environment – is the National Review of Environmental Regulation a serious platform for change or simply a ‘soap box’?

Contact: Bronwyn Clarkson and Johanna Kennerley; Carter Newell (Queensland, Australia) A fresh look at Australia’s environmental regulation Following the Council of Australian Governments’ (COAG) decision in Dece ...

Recent developments regarding employer directed health assessment and medical examinations in Australia

Contact: Matthew Payten; Carter Newell (Queensland, Australia) It is incumbent upon employers under both the common law and statute to reasonably minimise the risk of injury to employees in the performance of work. Cu ...

Advocate’s immunity unavailable to legal practitioner who allegedly exaggerated expertise

Contact: Mark Brookes and Tom Pepper, Carter Newell (Queensland, Australia) The Full Federal Court of Australia has set aside a Federal Court decision1 to summarily dismiss a claim made against a legal practitioner on ...

Material change in circumstances

Contact: James Plumb and Duncan Lomas; Carter Newell (Queensland, Australia) The recent Land Court decision of Henry v ERO Georgetown Gold Operations Pty Ltd [2015] QLC 13 provides useful guidance as to the meaning of ...

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