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Case Note on the 1st Business Interruption Insurance Test Case: HDI Global Specialty SE v Wonkana No. 3 Pty Ltd [2020] NSWCA 296 – the High Court Decision

Overview On 2 October 2020, a test case involving two insurance policies that excluded cover for loss arising from “quarantinable diseases” was brought before five justices of the NSW Court of Appeals. On 18 November 2020, a unanimous decision was made in favour of the insureds. If you are unfamiliar with the background of the … Read more

COVID-19 UPDATE: Leaving Leases and Resolving Lease Disputes

The COVID-19 pandemic came as an unexpected shock to the world. It has affected everyone in one way or another. One group heavily impacted by COVID-19 has been retail and residential tenants. In response to the effects of COVID-19 on retail and residential tenants in Queensland, the Government passed a moratorium. This moratorium dealt with the eviction of both retail and residential tenants (on the grounds of financial hardship suffered). … Read more

COVID-19 Commercial Leasing Regulations in practice: Landlord restrained from taking action against tenant

Many months have passed since the arrival of COVID-19. With this has come many changes and protocols once foreign to us; social distancing, contacting tracing, or hygiene conscious practices have now become concepts filled with a sense of familiarity. Apart from these changes, the legal sphere in Queensland has also seen changes. One such industry … Read more

ASIC’s Cybersecurity and Privileged Documents Test Case

Australian Securities and Investments Commision v RI Advice Group Pty Ltd [2020] FCA 1277 Cybersecurity continues to be an area of focus for businesses and organizations. In June 2020, the federal government announced a $1.35 billion investment into protecting Australian businesses from foreign and domestic cybercrimes and cyber threats. Following this announcement, Prime Minister Scott Morrison emphasised the … Read more

COVID-19 INSURANCE: A WIN FOR AUSTRALIAN BUSINESSES

HDI Global Specialty SE v Wonkana No. 3 Pty Ltd [2020] NSWCA 296 (18 November 2020)  On 18 November 2020, the New South Wales Court of Appeal delivered the landmark decision for the COVID-19 business interruption insurance test case. The Court of Appeal found in favour of a group of businesses claiming insurance for business interruption as a result of the COVID-19 pandemic. This decision, along with … Read more

Landlord & Tenant Relief during COVID-19

On Sunday night (29 March 2020), after another meeting with the National Cabinet, Prime Minister Scott Morrison has announced further advice on relief for tenants and landlords struggling to keep up with rental payments. This comes as many workers are left unemployed following the ramifications of COVID-19. Many Australians, having lost their jobs, may now … Read more

Could a Force Majeure clause save your business from coronavirus?

Businesses all over Australia are starting to feel the effects of the coronavirus (COVID-19) on our economy.  Restaurants and cafes are empty, venues for hire are receiving multiple booking cancellations, domestic and international tour operators are cancelling tours, retailers are struggling to make ends meet. Clients are contacting us daily, seeking our help in developing … Read more

How to vaccinate against the coronavirus threat to your business or job

Natural disasters are not new to Australians.  We have suffered together through floods, bushfires, cyclones and drought, always relying on our unique Australian culture of mateship, embodying equality, loyalty and friendship.  The coronavirus or COVID-19 is just another challenge which we will overcome.  The spread of the coronavirus in Australia presents some interesting challenges for … Read more

Statutory Demand – Frequently Asked Questions

The coronavirus or COVID-19 virus is starting to affect businesses Australia wide.  The economic slowdown is unfortunately resulting in reduced cash flows for businesses, which in turn are looking at their debtor lists in an attempt to collect outstanding debts. One of the methods for collecting debts is to issue a statutory demand for the … Read more

Will my retail shop be affected by coronavirus?

The spread of the coronavirus or COVID-19 outbreak has unsurprisingly affected business operations here in Australia.  With the outbreak quickly spreading, hysteria and fear are gripping our country. It’s unfortunate to point out that there may be worse yet to come for Australian businesses. Economic forecasters are predicting that it is highly likely that small … Read more