Preventing the preventable and preserving your insurance cover
Periodically I write stories in our newsletter about real life commercial disasters which are so easily preventable but which have a habit of recurring with such frustratingly monotonous regularity...
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Back to basics for insurers in Australia ‘general rules of construction’ apply
In November 2010, the High Court of Australia issued it’s decision in Selected Seeds Pty Ltd v QBEMM Pty Ltd. QBEMM, Selected Seeds’ insurer, had earlier declined to pay...
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It depends on what you say – not what you mean
To every lawyer who comes under my supervision, I commence our working relationship by giving a little address. I say that the single most important weapon in the armoury...
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Supply Contracts and Terms of Trade
Many businesses categorise themselves as suppliers suppliers of raw products, finished goods or even services. Fewer businesses categorise themselves as receivers of goods or services. It follows that a...
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Don’t let your customer’s Purchase Order set your terms of trade
If you supply goods and services based on receipt of a written Purchase Order, make sure you understand and are comfortable with agreeing to the terms of the Purchase...
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If you want to get paid for your work or products, you need to know exactly who your customers are
Recently we were involved in a situation where our client was owed hundreds of thousands of dollars for work done, but it turned out that it had not properly...
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Some pitfalls affecting ‘claims made’ liability insurance
Consider this hypothetical scenario: Joe, a successful financial advisor, has just completed his 10th year in business. The recent economic recession is looking more distant every day that passes,...
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Directors in Troubled Times: Notes for Company Directors
When debtors are beating on the door, how do directors sleep at night? “Like babies. They wake up in the middle of the night crying and screaming and frequently...
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Why conventional insurance is occurrence-based
Most consumers of insurance products expect their policy will pay out for a claimable incident which occurs during the policy period – that is, during the period for which...
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Employer fairly dismissed an employee who did not respond to reasonable requests
Fair Work Commission (FWC) has ruled that an employer was entitled to sack a worker who did not comply with a request for details of his extended sick leave and...
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