James Baird

James Baird

DLA Piper

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Latest Publications


High Court Clarifies Duties To Subsequent Purchasers – Brookfield Multiplex v Owners Corporation

The duty of care owed by a builder to subsequent purchasers of a building has long been a source of contention. In a decision handed down on 8 October 2014, the High Court in Brookfield Multiplex Limited v Owners Corporation...more

10/23/2014 - Australia Commercial Contracts Construction Disputes Construction Industry Duty of Care Real Estate Development Successor Liability

McLennan v Insurance Australia Ltd [2014] NSWCA 300

In its recent decision of McLennan v Insurance Australia Ltd [2014] NSWCA 300, the NSW Court of Appeal confirmed that a provision in an insurance policy that limits or qualifies cover is an exclusion, regardless of where or...more

9/26/2014 - Australia Insurers Policy Exclusions

Solicitors’ negligence – loss for intended beneficiary under a will

The NSW Court of Appeal has found that the fact that a person has reached a great age does not necessarily mean they are at death’s door or about to lose their marbles....more

9/25/2014 - Australia Beneficiaries Duty of Care

Supreme court gives masterclass on solicitor’s duties to “third parties.”

The recent decision of Hall J in Polon v Dorian [2014] NSWSC 571, involves a claim against a solicitor. It reads something like a masterclass on solicitor’s duties to people the solicitor does not consider to be their client,...more

5/21/2014 - Australia Professional Liability

Must be a duck if it’s walking and quacking like one

The New South Wales (NSW) Court of Appeal recently considered the insurance and indemnity provisions of a labour hire contract. What caused the dispute was the fact that one set of insurance provisions was contained in the...more

3/12/2014 - Compliance International Labor Laws

Lucantonio v Stichter – “No Causation” finding confirmed

The Court of Appeal decision in Lucantonio v Stichter provides a refresher on how a Court should determine if a person’s breach of duty caused harm under the Civil Liability Act 2002 (“Act”)....more

2/12/2014 - Australia Breach of Duty Causation Civil Liability

Section 6 – further judicial considerations, further complexity

DLA Piper recently acted for LawCover a ‘section 6' case- Registrar-General of NSW v LawCover [2013] NSWSC 1471. The Supreme Court of NSW was asked to examine section 6 of the Law Reform Miscellaneous Provisions Act 1946...more

10/29/2013 - Australia

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